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1986-08-06 Council Packet
Kenai City Council Meeting Packet August 6, 1986 F- AMPA TVZ 0. 1 CL I. 7=.1= A"Oft rAnm M~ code - PIN - OW& CUM BUftO.- ftft - MM4.000 4. Qod,.j t"M - Mw&qZq" Mop - SIM Pk. BID 5. rm, wig ;vmww of Fume - WA cwj" foo - 6.ftW.9&WTrWwWofFunds tLm in, Or. MSWJon POWN - 4111760 - - T. fte. WT6 - PAMNWMMUrAOd ASIMMM fmm Sk% IS. An. 66-14 - FPA PkM SO% OWOOMBOO6 Of LWIA iL.&dAVWI* NO.A - Oul0k.TW* b. SdAMO No.' - Obw TOO jL.Tf@hW.bj. LJMW:L"%6 - O"n Keo -IO.Res. SW - AwardkV Spur TfW4* Pak," it, 1 1(17- Vw.OLW-*4;w6i-tQsttW and paftlWe. Cklfk A •' ii - i \\ ,1. �fA%aeella, .�k agm- �i.9�6-J60Q e I i CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY THAT THE MICROPHOTOGRAPHIC IMAGES APPEARING ON THIS 'v ROLL OF MICROFILM ARE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY OF KENAI AND WERE MICROFILMED IN THE REGULAR COURSE OF BUSINESS PURSUANT TO ESTABLISHED ROUTINE COMPANY POLICY FOR SYSTEMS UTILIZATION AND ARE FOR THE MAINTENANCE AND PRESERVATION OF SUCH RECORDS THROUGH THE STORAGE OF SUCH MICROFILMS IN PROTECTED LOCATIONS. j IT IS FURTHER CERTIFIED THAT THE PHOTOGRAPHIC PROCESSES USED FOR MICRO- 4 FILMING OF THE ABOVE RECORDS WERE ACCOMPLISHED IN A MANNER AND ON MICRO- FILM WHICH MEETS THE RECOMMENDED REQUIREMENTS OF THE NATIONAL BUREAU OF STAl%3ARDS FOR PERMANENT MICROPHOTOGRAPHIC REPRODUCTIONS. CERTIFIED BY: DATE: 07 a9-�� ' LYWA RICHARDS MICROFILM MANAGEMENT SYSTEMS i I 1 11 1 { 1 j 1 1 { L i 0 F, COUNCIL PACKETS AUGUST CITY OF KENAI DATE: 0 ,7 - THE MICROPHOTOGRAPHIC IMAGES APPEARING START IN THIS ROLL OF MICROFILM STARTING WITH OF ROLL N002 6 RECORD FILE•NO: ARE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY OF KENAI. DEPT: C /e r K } I, the undersigned, J. Ruo tsala,City Clerk of the City of Kenai, AK, ` �.. ,....._ a municipal corporation, in the performance of the functions of my off - lee, hereby certify that the original camera negative microfilm images contained on this roll up to the end target, are direct and facsimile reproductions of the original documents. All documents were filmed cam - plate in their entirety. I certify to the above to the best of my knowledge and belief. -- CERTIFIED BY: 'Q, DATE: 0 %- 0 9- -= - --- J et Ruotsala, City Clerk L AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 6, 1986 - 7 :00 PM a PLEDGE OF ALLEGIA,:CE A. ROLL CALL n k 1. Agenda Approval ; f 2. Consent Agenda ;. *All items listed with asterisk (") are considered to ` ry be routine end non -controversial by the Council end _ v ` will be approved by one motion. There will be no { separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its h •J, { normal sequence on the agenda as pert of the General - Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) t 1. Kevin Fenner, Kenai Peninsula Borough - Comprehensive I( - Plan Revisions 2. Hal Smalley - Kensitze Tribal Center, Ames Rd. 3. Clarence Ladd - Beautification of Perks 4. Robert Selo - Reconstruction of Kensitze Ct. (See 5 Kornelis Memo) '-- - C. PUBLIC HEARINGS 1. Ord. 1155-86 - Amending Kenai Municipal Code -Planning a1, 6 Zoning E " s. Substitute Ord. 1155-86 2. Ord. 1156-86 - Amending Senior Citizen Budget - '.i $327 , 289 -3. Ord. 1157-86 - Incresa. Rev/Appne - State000ant, Capital Improvement Project Funds - $844, 4. Ord. 1158-86 - Amending Zoning Map - Baron Pk. S/D v- a 5. Res. 66-73 - Transfer of Funds -Bond Counsel Fees - G. R3,000 6. Res. 86-74 - Transfer of Funds - Lawton Dr. Lift Station Power - $17,760 1 ' 7. Res. 86-75 -Requesting Municipal Assistance from State -- - - --' Be Res. 86-76 - Float Plane Basin Condemnation of Lan Substitute #1 - Quick Take b. Substitute q2 - Slow Take ' 9. Transfer of Liquor License - Oaken Keg {{ 10. Rea. 86-77 - Awarding Spur Triangle Park o D. MINUTES n 1. *Regular Meeting, July 16, 1986 10 E. CORRESPONDENCE 1. *Municipal League - Legislative Steering Committee '} 2. Meeting *AK Dept. of Revenue - Fish Tax Shared Revenue :.. 3. Chamber of Commerce - Recreation Boat Launch Ramp at . Kenai R. and View Sites at Kenai R. Flats 1 F. OLD BUSINESS `> 1. Contract Retainage G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ord. 1159-86 - Increas. Rev/Appna - Boating Facility - ' $1,000,000; Transfer of Funds - Boating Facility - :d �I $324,622.41 a. Disc. - Boating Facility 4. Change Order 03 - Zubeck Inc. - M.A.P. Project - 4 '' 5. Disc. - Street Lights s. New Street Lights b. Replacing Old Street Lights ��•� 6. Approval - Vacation, Sprucewood Glen S/D - Lowry 6 7. Partee Disc. - Ron Yamamoto - Lease Extension - Gusty S/D S. Disc. - Ames Rd. - Kensitze Tribe Zoning 9. *Ord. 1160-86 - Amending Kenai Municipal Code - r i Mandatory Water Connection & Abandonment of Old Wells r/ H. REPORTS 1. City Manager # 2. Attorney 3. Mayor -.r". 1 4. City Clerk �. 5. Finance Director 6. Planning h Zoning Commission 7. Harbor Commission B. Recreation Commission . i 9. Library Commission PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) "^ ADJOURNMENT ' 1 1 L C .A Al COUNCIL MEETING f 000AFACIF20001 NONE No nomonammmmmmmommm '9101A r rAmommmmmmmmmmmm �roi�iiiriiiiiiiiiii COUNCIL MEETING OF W,,'rA R I P-7 mmmommmm mmmmm - mmommmmmmmmmmmolom mommmmomommmmm Emmmmmmmmmmmmimmm m ommmmommmmm ME mmmimmmommmommom ONE mommommmommom. t I; F t It 1i 1 t ` AUGUST 6, 1986 INFORMATION ITEMS { fir. 1 - KPB Waste Disposal Comm. Agenda, 8-6-86 2 - Resource Devel. Council Newsletter - July 1986 3 - Resource Devel. Council Letter, July 23, 1986 s 4 - Resource Devel. Council Meeting, 7-30-86 <--:---"- - - - : 5 - FAA Newsletter, FSS Construction 6 - Engineer LsShot Memo - Mein St., Spur Hwy. Intersection C 7 - Library Report, FY 85-86 6 - Library Report, June 1986 9 - Billing - C. Gintoli, Architect - Library Addtn. - $7,554 10 - Billing - M. Tauriainen, Engr. - Airport Main Apron Ext., t 1 Final Billing - $29900 +;- - 11 - Billing - M. Tauriainen, Engr. - Airport Main Apron Ext., Final Billing - $49051.40 i 'z 12 - Billing - M. Tauriainen, Engr. - Airport Mein Apron Ext., - I ' .. 13 - Billing - M. Tauriainen, Engr. - Airport Main Apron Ext., Final Billing - $336.50 14 - Billing - McLane & Assoc. - Airport Improvements - !; $22,086.03 ` 15 - Billing - Wm. Nelson, Engr. - H.A.S. Project - $15tB05.54 16 - Billing - McLane & Assoc. - M.A.P. Project - $349949.24 17 - Beautification Comm. Min,ites, July 22, 1986 18 - Resource Devel. Council Letter, July 7, 1986 19 - Fire Dept., EMS Meeting Minutes - May 27, 1986 20 -BSA Troop 152 - Flags for City j 21 - Gov. Sheffield - Kenai Res. 86-51, Moving DOT From Soldotna 22 - Billing - Const. Unlimited - E. Aliak, N. Highbush, Swires, S. Highbush, Bumblebee - $159589.50 11 23 - Billing - Zubeck, Inc. - M.A.P. Project - $212,029.62 24 - Billing - Doyle Const. - Robin, Kenaitze Ct., Eagle Rock, Sandpiper, Tern, S. Strawberry - $53,805.42 25 - Billing - Doyle Const. - S. Spruce - $111#776.67 26 - Resource Devel. Council Breakfast Meetings - Aug., Sept. 27 - Billing - Wince, Corthell, Bryson - Lawton Dr. - $17,977 28 - Billing - Zubeck, Inc. -Lawton Or. - $2359029.39 29 - Notice of Conversion to Chapt. 7 - D&A 30 -. Fire Dept. Contract, EMS - Or. Hansen _ `i 31 - AK Municipal Resolutions - Status of MIA 32 - Transfer of Funds Under $1,000 - July 33 - Clerk Whelan Memo - Ord. 1149-86, Landscape _ A 34 - Billing - Wm. Nelson, Engr. - Boating Facility - $19,205.84 35 - Municipal League Newsletter - July 15, 1966 - 77 36 -Municipal League Newsletter - July 15, 1986, Governor Candidates 37 - KPB Agenda - Aug. 5, 1986 jw I i 'i • J/ 1 1, Kenn i t _r (:curt • " Kenai, Alaska 99611 August 1, 1986 r. i Dear Council Members: After reviewing the options presented by Mr. Kornelis -- - i regarding the road upgrade on Kenaitze Court and Strawberry Road West we have decided that the following needs to be done: 1. Reduce the grade of road where necessary to correspond f' with the property elevations. 2. Reduce the lane width of South Strawberry from present 391 to standard. 3. Reduce the height of hill to assure access in all t seasons of the year. 4. Alter affected driveway slopes. We realize that these alterations may be expensive and it K is the decision of the council as to what is affordable. We sincerely regret that any additional expense is necessary. However, both in terms of access to our property and in terms of drainage we face some potential problems that must be addressed. f: ` 4 Thank you for your time and attention. _. inc rely, g�yy Vr 74 ?e� Kenaitze Court Residents t _ ( es { J r i 1' i` i` t; r; j A. Ad%an_.._s= Inc' s_ �ed lane vn :v.n d.GvQL'=ed 1 cidw-av araacE: H. Di s aavantac�s 1.Siopes to some driveways incrcased II. ACQUIRE ADDITIONOL RIGHT OF WAY A. Advantages !.Driveway grades reduced 2. F:oadwav maybe lowered S. Di sad'vantaces !.Lawns. trees, shrubbery, etc. will be sacrificed &.Generally very expensive III.REDUCE LANE WIDTH A. Advantages !.Driveway grades maybe somewhat reduced S. Disadvantages I.Not in {seeping with standard roadway improvements 2.May not improve the characteristics of the driveways by a significant amount IV. REDUCE SIGHT DISTANCE REQUIREMENTS A. Advantages 1.Drivewav grades reduced 2.Roadway closer to original grades S. Disadvantages !.Not safe or standard practice 2.Not ethical from an engineering standpoint V. RETURN ROAD TO ORIGINAL GRADE A. Advantages 1. Some residents happier 2. Some drivewav slopes reduced 0 r S. Disadvantaoes !.Needless expense -� &.Drainage problems not resolved 3.Sight dietance unsa+e,ezpecially considerinq future developments -- VI. VI. REDUCE DRIVEWAY SLOPES A. favanteoes !.Least cost 2.Froject comoleted sooner 3.Improvements are still in effect A.Driveways will probably meet with approval of most owners S. Disadvent Rees !.Construction on orlvate property 2. Some prooerty oviner s may not be satisfied vI I.0THER A. Advantages 1. r- 10. il CITY OF KENAI "Od eap" 4 4"*# MO FI0AL40 MAI, ALASKA U611 TELPHONE283-MO MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director r DATE: August 1, 1966 1. SUBJECT: KENAITZE COURT - DRIVEWAYS FOR: CITY COUNCIL MEETING OF AUGUST 6, 1986 INFO On July 1, 1986, right after the fill was placed on Kenaitze Court, I met with Mr. and Mrs. Cliff Heus to discuss their driveway. We also looked at Mr. Thomas Ackerly and Mr. and Mrs. Ostrander's driveways. At the time and even now I feel the best method to reduce the slope of the driveways to these three residences is to go beck 27 feet on their property and slope the driveway to the new road. We would also fill in around the driveway to match the existing lawn and topsoil and seed where needed. In this way we will maintain 6-811 of gravel over the driveway culvert which is desirable to protect the culvert and keep vehicles from "spinning out" over the culvert. On July 2, 1986, at the City Council meeting, I explained the problem of the three steep driveways on Kenaitze Court and received approval from Council to pursue lowering the driveway grade with the City paying for repaving the part that had existing pavement. On July 7, 19860 1 wrote the Attachment A asking the property owners' approval to do this work on their property. I called Tom 4 Ackerly since he was out of town and explained the situation to him. On July 14, 1986, we received Attachment R dated July 11, 1986, from the property owners concerning the road upgrade an Kensitze Court. On July 16, 1986, the property owners spoke to City Council �j concerning their road. 01. On July 18, 19869 1 wrote Attachment C to Ocean Tech asking them for different alternatives to reduce the drivoway slopes, shallow the ditches, and reduce the street grade at the north end of Kenaitze Court. ;j .11 0 -- --. _ -----i -- - O _ Mr. Brighton August 1, 1986 Page 2 On July 21, 1986, I received Attachment 0 from Bill Mendenhall giving six different alternatives with advantages and disadvantages to each. From 600 p.m. to 800 p.m. we discussed these alternatives with Mr. end Mrs. Heue. Mr. end Mrs. Ostrander, Mr. Salo, and Mr. Ackerly were and still are out of town. As of this date, August 1, 1986, I can not get any direction from the residents other then "we want something done to the road, is our preference." On Monday, August 4, 1986, Doyle's subcontractor plans on paving the Spur Highway approach to South Strawberry. Doyle is doing the finishing touches to this project now so I do not think we should try and force him into doing extras that are not part of the original contract. When the residents decide whet they want to do, I will present it to Council along with the estimate costs. I propose to do this remedial work under a different contract. KK/sw Attachments cc: Bill Mendenhall, OceenTech Clifford and Kathleen Heus I i is U qy Kenaitze Court •� Kenai, Alaska 99611 August 1, 1986 CIO f'; Dear Council Members: After reviewing the options presented by Mr. Kornelis t� } { regarding the road upgrade on Kenaitze Court and Strawberry Road West we have decided that the following needs to be done: t.•° ' 1. Reduce the grade of road where necessary to correspond with the property elevations. }} 4 2. Reduce the lane width of South Strawberry from present 39' to standard. 4 3. Reduce the height of hill to assure access in all ti seasons of the year. {' 4. Alter affected driveway slopes. .. We realize that these alterations may be expensive and it is the decision of the council as to what is affordable. We sincerely regret that any additional expense is necessary. However, both in terms of access to our property and in terms of drainage we face some potential problems that must be addressed. Thank you for your time and attention. ` inc rel Ok 4 WVW, i�a��'wr^- vs Kenaitze Court Residents 1 avow I i y3: 3 i L I. L=a- : J r S :3 1 �.? A. Advsn;c �=s i';.r».mod e:aht »i_Lsn»c- f ii ".Increased•lane width f 4r. A.F-edw=ed roadway gradesht I I �i . �-- I+. Dis•advantagss ' . • i . Si odes to some dri vo►vave increased II. ACQUIRE ADDITIONAL RIGHT OF WAY A. Advantages 1.Driveway grades reduced I 2.F:oadway maybe lowered 1 P. Disad'vantages ,s +` 1.Lawns, trees, shrubbery, etc. will be sacrific&d 1 i; &..Generally very expensive i III.REDUCE LANE WIDTH i A. Advantages ;.._.. 1.Driveway grades maybe somewhat reduced t � r ' B. Di sadvantages 1.Not in keeping with standard roadway improvements # 2.May not improve the characteristics of the driveways by a significant amount IV. REDUCE SIGHT DISTANCE REQUIREMENTS A. Advantages 1.Driveway grades reduced ' 2.Roadway closer to original grades B. Disadvantages 1.Not safe or standard practice .. ;i 2.Not ethical from an engineering standpoint f V. RETURN ROAD TO ORIGINAL GRADE _ A. Advantages {, • 1. Some residents happier 2. Some driveway slopes reduced -'_ B. Disadvantapes 1. Needl ess expense _ ...._. ._ 2.Drairnage problems not resolved '.Sight distance unsafe,especially•considerinp future developments VI. REDUCE DRIV=WAY SLOPES :- - :- A. Advantages i.Least cost 2.Froaect comoleted sooner 3-Improvements are still in effect 4.Driveways will probably meet with approval of most owners P. Disadvantages. l.Coristruction on orivate property 2-Some property owners may not be Satisfied VII.OTHER A. Advantages ,47`rAC HMAr"'r 0 CITY OF KENAI 60�� aj 4164"0' 210FIDALOO KBNALALASKA NM1 TFLBPHONB 283. M5 July 7, 1986 Mr. Thomas Ackerly 'O"NiS / e'l RoIrw G°lic�Qp ��50Worc.mara 4530 Kensitze Court osr'Q4"V,eR /Vlrvt Kenai, AK 99611 VG10 149wfirpe ysyo eCA4tr-gp SUBJECT: SOUTH STRAWBERRY AND KENAITZE COURT (SKESTR) Dear Mr. Ackerly: A property owner on Kenaitze Court has requested that the City of Kenai do some work on their property to make their driveway not so steep. The City of Kenai will, at your request, build up approximately 27 feet of your driveway from your property line toward your house. This 27 feet of driveway would be repaved and the surrounding area topsoiled and seeded to blend into your existing lawn. This work would be at no cost to you. If you are in agreement to the above and give the City approval to work on your property, please sign below. I agree to the above: _ gna ure` a e Sincerely, Keith Kornelie, Director Public Works Department KK/sw L gn a u re —678 a . A----- -- - } i ' 1 A I t 1 _ a Y, IF In 04&1► . Is t. WON 40 k .1 S. i ,1 - r (: . S ' :{F.. d A7-7.4 C aMeNT 0 July 11,1986 Tot Aembers of the Kenai City Council Fromt The residents of Illiamna View Subdivision SubJect t Road upgrade on 1.enait. a Court We, the residents of Illiamna View Subdivision, were happy to have the city care enough to upgrade our road. However, the road upgrade seems to have been designed in isolation from its surroundings and has caused grievous concerns for the residents. We have talked with both Keith lornelis, Public Works Director, and the Dec -an Tech design engineer, Bill Mendenhall and they are aware of these concerns. The following items are listed for your review and information. 11 Engineering plans appear to have been developed with no apparent thought as to how the road changes would affect individual property owners or property values 2. The road was raised so high thatt a. in some cases, garages are lower than the road b. some driveways have a steep incline which causes trouble getting in and out and in winter will prove almost impossible to maneuver c. several lots will be flooded in the spring, causing possible loss of property value and/or added burdens for the development of these properties 3. The turnaround on the north end of Kenaitze Court appears to be designed so that the residents will find it impossible to get out of their driveway once winter arrives and city road crews will not be able to maintain it 4. At the public hearing held to discuss our road upgrading, we expressed a special concern about the depth of the ditches along our road as it would be a potential hazard for parking in the street. We were assured that the drainage ditches would be no more than one and a half feet deep. In actuality, the ditcheK are four feet deep in many places BEcause of these problems, we are asking that the road be corrected by lowering it. This would allow us to get in and out 04 our driveways again, and would prevent flooding of our lots and driveways in the spring. L 1 3 e`? f 4: �1 July 18, 1986 A7rA44mE.ur 9 7-/r4' CITY OF 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 203. 7635 Mr. William Mendenhall Ocean Tech 5333 Fairbanks Street Suite 11 Anchorage, Alaska 99518 _ i• Res Kenaitze Court Dear Mr. Mendenhall: •t � t The Council of the City of Kenai has directed me to request that your firm look at a better design for the north end of Kenaitze I Court. The residents on this road are upset with this improvement as shown by the attached letter to the City Council, dated July 11, 1986. As I pointed out during the design stage, the City is very much { concerned about preventing steep driveways and deep ditches. :. Please take a very detailed look at your design and come up with different alternatives to reduce the driveway slopes, shallow the ditches, and reduce the street grade at the north end of Kenaitze Court. - Please do this very quickly so that we can have Doyle Construction make the changes. Once we have the alternatives, we can present them to the residents and the City Council. ; Thanking you in advance for your cooperation in this matter. - -- — - -- Sincerely, CITY OF KENAI Keith Kornelis Public Works Director 'o,_....- KK/ci r '. Attachment a ;r/z / /Ap A-"Act41hCktr@ ti tr KENAITZE COURT OPTIONS I. LEAVE DESIGN AS IS A Advantages I.Improved drainage 2.Improved eight distance 3.Increased lane width 4.Reduced roadway grades B. Disadvantages l.Slopes to some driveways increased It. ACQUIRE ADDITIONAL RIGHT OF WAY A. Advantages I.Driveway grades reduced 2.Roadway mavbe lowered B. DisadVantages I.Lawns, trees, shrubbery, etc. will be sacrificed 2.Generally very expensive III.REDUCE LANE WIDTH A. Advantages 1.Driveway grades maybe somewhat reduced B. Disadvantages 1.Not in keeping with standard roadway improvements 2.May not improve the characteristics of the driveways by significant amount IV. REDUCE SIGHT DISTANCE REQUIREMENTS A. Advantages ' I.Driveway grades reduced j. 2.Roadway closer to original grades S. Disadvantages I.Not safe or standard practice 2.Not ethical from an engineering standpoint V. RETURN ROAD TO ORIGINAL GRADE A. Advantages 1. Some residents happier 2. Some driveway slopes reduced B. Disadvantages I.Needless expense 2.Drainaqu problems not resolved 3.Sight distance unsafavesPeCiallY i --onsiderinq future developments �1 9 F a n ? i' ;t V d: Mr. and Mrs. Harold Davis 4463 Spur Highway Ream. Alaska 99611 ! Dear Mr. and Mrs. Harold "' It has become necese ary;'V `f you a formal warning c3nc i.. " the Kenai Senioriti zInE .. We find you have been;i Center Rules of onducil I F 0 — -�a,r CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 2834156 July 28, 1996 P Dav �or the Mayor's Council.on Aging,; to issue erring your activities and'ionduct, at r Center. viola4on of the Kenai Senior Citizen's A the.: oilowing .manner. gativ attitude '" '� � •� - _ 2. Slander f� , 3. Underminicif �.; We would encourage pro mpt-corstcCve a fon concerning' these i88ue8 �r Sincerely,4sv t } 41-ohnGon""t-101 if President Mayor's Council on Aging Enclosure cc. older Alaskan Commission Tim Rogers, City Attorney William J. Brighton, City Manager ? City Council L L e—/ Suggested bys Planning & Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND TONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to the Kenai Municipal Code Section 14 be made as defined below: Section 1s The Table containing development requirements located on Page 14-61 of the Kenai Zoning.Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section 2: The Additional Requirements Table located on Page 14-62 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "B" which ie attached hereto and incorporated herein. Section 3: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. Section 4: Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to read according to Exhibit "D" which is attached hereto and incorporated herein. Section 5: Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "E" which is attached hereto and incorporated herein. 1 Section 6: Section 14.20.180(e) of the Kenai Zoning Code in hereby amended to read according to Exhibit 'IF" which in attached hereto and incorporated herein. Section 7: The section of the Land Use Table - Page 3, located on Page 14-58 of the Kenai Zoning Code is hereby amended to read according to Exhibit "G" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: July 16, 1966 Second Reading: August 6, 1986 Effective Date: September 6, 1966 Building Official: 7/10/06 1 ` �I L _ 1� Suggested by: Planning do Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. '�. NOW, THEREFORE, BE I1 ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to the Kenai Municipal Code + Section 14 be made as defined below: -� ; Section 1: The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. }' Section 2: The Additional Requirements Table located on Page 14-62 of the r Kenai Zoning Code is hereby amended to read according to the - - " attached Exhibit "B" which is attached hereto and incorporated herein. ' Section 3: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. .., Section 4: -----"- --..- Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to read according to Exhibit "D" which is attached hereto end incorporated herein. Section S: j Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "E" which is attached hereto and i incorporated herein. ii I +: `• .e Ino K �..�! 1 H v a r •-/ z 9.4 h a A -0 0)0 N .Mix �� 1 1 1 ) �►+t x a r Inp ee fD 0) rf n p .ra. ` 7 5 f a 9 O 9 E� 8 H Y •t 'CI t+ I .Oj ^ O tC C w eni i ~ 0- N `1 L .w tit �D 1C A ^ M H �; � 0-.% � w .4 ry 1D .• y n M n a 000 yc 0 Vmi y 1�1 H C R t Q. 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Cr I 9 i •f i t k 1 ,t i F 14:20.240 Mobile Homest (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b) Mobile homes for residential use may be established only in mobile home parka as permitted in the Land Use Table. c Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. %C4 L L f 1 r 14.20.150 Conditional Uses: (c) Procedure. (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicants (a) Legal description of the property involved; (b) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (2) The public hearing and notification procedure for a conditional use permit application shell be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non -conforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension muvt be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. )1 � M E a r� { 1 1 - f v or 41 1 m a 1 V • MI 3 C IA U1 (A r- r C.) ''1 n 7 C C O O1 h 0/ Ot O 01 M 01 M r•z"t zQn (36r•q ti oa-•-ti (o C")On r O 01 +� O N �••• r• t fi fi ►1 0 tD �O lD f9 9 r O r y rt C 61 O 0) r• b•.. tp m. 01 r• 3 C n C 7 0) (P �p ? W 7 + I-- n 01 r) N PI r) y N x ►� Q7 �• .y r. p y 01 r W W 01 IA N a r* a ►. r1 C C �f e+ r..1 a y D ro C O m M r1 y y Cr Q r. 01 n D. \�O O. r• lA y 0/ (ax 7 N I-- 1 0 "I C �-+ - 4 ■1 10 n M O n O r► y r• to 7 o N 0) •I O O IA r* C 01 o tO co n r• 7 r• ►1 O1 Mps o-•• CD n o r m rt r (Y) H CA rC. t0 r^•• N N w 01 " r+ +1 v C C C y v O% 7 N �+ r0.• 0 w M 10 v o N '1 .. l9 W r'► n v to L 1001111IM■1 Bill imal 111111111� sn MI L r- 1 W l o 1 z � M z } Cff i r a M N rf 1 •� advertised and a public hearing held at the next Planning and Zoning meeting. In every case the variance has always been granted. It just seems an unnecessary procedure to go through. Sec 3 The Land Use Table lists mobile homes under the residential category an page 14-56 with a footnote which reads, "See Mobile Homes' Section." The "Mobile Home" section (page 14-39) refers to the Land Use Table. The change will make it clear that mobile homes may only be put in mobile home parks. Sec 4 Sec. 14.20.050(g)(3) conflicts with Sec. 14.20.150(c)(3). Sec 5 Sec. 14.20.150(c)(3) may not require a certificate of occupancy. Sec 6 Sec. 14.20.180(e) may not require a certificate of occupancy. Sec; 7 Sec. 14.20.250 requires off-street parkinq in all zones. The Land Use Table only allows off-street parking in the conservation zone. A HH/sw l 7 - u-_. f 7 F. g , �• J • l }}i i d i j ADDITIONAL REQUIREMENTS: Minimum Yards: [A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT RESIDENTIAL ZONES. WHERE A CC, CG, IL OR ILL ZONE ABUTS A RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN ALLEY.] [B]. Yards for Corner Late. The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. [STREET SETBACKS: SETBACKS FROM CITY AND STATE ROADS. MINIMUM Y'AREYS REQUIRED BY THIS CHAPTER SHALL BE IN ADDITION TO THE FOLLOWING SETBACKS FROM THE CENTERLINE OF CITY AND STATE ROADS. THESE SETBACKS SHALL BE REQUIRED IN ALL ZONES. A. MINIMUM SETBACKS FROM THE CENTERLINE OF CITY STREETS - 50 FEET; B. MINIMUM SETBACKS FROM THE CENTERLINE OF A PRIMARY FEDERAL -AID HIGHWAY - 150 FEET; F� J C. MINIMUM SETBACKS FROM THE CENTERLINE OF A SECONDARY FEDERAL -AID HIGHWAY - 100 FEET.] Maximum Heights: Height Limitation of Structures Near Airport. All structures in aircraft approach zones and within 8,000 feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on a map entitled "Obstruction Criteria," on file with the [CITY CLERK] airport manager. 1_ %Z Y ! A r 14.20.240 Mobile Homes: (a) No mobile homes may be installed for use in the CiTy of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b) Mobile homes for residential use may be established only in mobile home parka as permitted in the Land Use Table. c Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. Is L R 1 f - ' F 14.20.050 Nonconforming Lots, Structures, & Uses: (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of lend, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices an the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provisions shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. ((3) CONDITIONAL USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALT. WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] E(4)] (3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. I 1 i 1 I " ' o I 1 L v k — r i 14.20.150 Conditional Uses: (c) Procedure. (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (a) Legal description of the property involved; (b) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non -conforming use for which the conditional use perms was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. Jj. 14.20.180 Variance Permits (a) Permit Expiration and Extensions An approved variance permit shall lapse 12 months from the date of approval if (NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL) the variance for which the permit wee issued has not been implemented. The Comm anion may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to the expiration of the permit. A public hearing shall not be required as a condition to granting the extension. IN L Suggested by: Planning A Zoninq CITY OF KENAI ORDINANCE NO. 1155-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to the Kenai Municipal Code Section 14 be made as defined below: Section 1: The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section 2: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "B" which is attached hereto and incorporated herein. Section 3: Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. Section 4: Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "D" which is attached hereto and incorporated herein. Section 5: Section 14.20.180(e) of the Kenai Zoning Code is hereby amended to read according to Exhibit "E" which is attached hereto and incorporated herein. 1 I f t Section 6: The section of the Lend Use Table - Page 3, located on Page 14-58 of the Kenai Zoning Code is hereby amended to read according to Exhibit "F" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. ATTEST: Janet Whelan, City Clerk Building Official: 7/10/86 TOM WAGNER, MAYOR First Reading: July 16, 1986 Second Readinq: August 6, 1986 Effective Date: September 6, 1986 2 L. ►�I N '" z "� x M p M 70 VI h1 «+ V r+• 04 z CAA O M N M N R '�3 N Pf r� rr R K O IMO N ►% 10 H �+ �Ol C �'iF C 9 ~ N � � FO+ ~ rt µ W v ►r< M N LY ncr 0 D q A N i7' y 00 00 OQ 09 M R n v FO+ iR„ O r N �G 1 1 1 OQ p 6 O' O O C N us O O O O � 1O f t011 O ID ID < �M K R �p O N r R N w I�: IR a s a a g CD �R n ro n x w °o �» min OQ ? 10 V w w N Ch BBB, R O O O O O M FN+ N Ig�p R O 4 ;3 M 0 w w w N N T \ \ N in O O �O pq A O ? N P"0 K 03 � o 0 a � 0' w p A 'd+ C 9 + • • 10 � O F+ to O O ID oftQ 10w1p as N r_wwoR wlN+o^ g o 0 N N r 0) 0 1 1 1 1 $ o O vs LO O o �F+ tv 10 N i� r) rn � N D 0 00 M ypN iD 10 N N pi (A to 10 R O N 1 rOi , tr7 Ir*f 1 a to r" IRA M W 4d� � l_ 14.20.240 Mobile Homes: (a) No mobile homes may be installed for use in the 'i y of Kenai for public, commercial, or assambl� purposes after the effective date of this ordinance. (b Mobile homes for residential use may be established only in mobile home Parke se permitted in the Lend Use Table. c Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bone fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. Eic�l�oi� � B v lP 0 1 14.20.050 Nonconforming Lots, Structurea, h !boas: (g), General Provisions. ` (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of lend, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone ** involved except that this provisions shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance C Codified Herein. To avoid undue hardship, nothing in this 4 chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in I permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. [(3) CONDITIONAL USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALL WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] [(4)] � Repairs and Maintenance. On any nonconforming d oted in whole or in part to structure or on any ung ev any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or j plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage=k..... or amendment of this ordinance shell not be increased. i b ldi 4 f i f - f. :y { t � , i 14.20.150 Conditional Uaea: (c ). Procedure. (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shell contain the following data with respect to the property and the applicant: (a) Legal description of the property involved; ( b ) Plana showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such date as may be required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non-conforminn uoo rno Wti:..w •L.. - - - e- +mM+oa1Ov.40U • f ne wmmission may grant e time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. %D • n I 14.20.180 Variance Permits (a) Permit Expiration and Extension: An approved variance permit shell lopes 12 months from the date of approval if ENO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BV THE BUILDING OFFICIAL) the variance for which the permit wee issued has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstanced have not changed sufficiently since the date of initial permit epprovel. A request for extension must be submitted prior to the ?. expiration of the permit. A public hearing shell not be required as a condition to granting the extension. ,. e� �i w, S, ii ! !yy5 Eltk*biV "E I L i x �r a" t • 1, Y u co 1 rt f f� }r t. i� 1 � • -�!�!y�3 N v In Nww•vTv r rn +t n r• 2n zcrn cL n n oaten m 000 r' a m 1% m to r• r• < 7c w rt to m tO m m 9 r 7" m r-C m O m r• r• tO m. m 7 7 ►•• A C n C n �'+\CIO 2 m m N Q 7 m 7 2 Sn m n -e •rm00 7 \. p0 n10 M m m m m 24 r•� N C m\ O �.. ►•. M W. co N� -• C� C W O r* O ►+ n C C '4 �* �'* n� N A M C m n m MN m CO'I"m n Q\C m ^ Nf Ulm chx 001-1 On C F•-4nM Q PI anar► (AI..wZ2NmnrO O to CRCs 9 ARNmm%am Ar• O I r• M m r• n a+ N m m C O R n a 0 m R r m • (a r•t0 M• CD 7 m rr R O m •+ 2 R\ N N r• m R rr "n %A C C C . o -+O n N m n n m V O� 7 N .+ r• N m O. fV n m v O N n •• m w rt n l7 'O M VA •i -v IOU n c) n n fb CNJ ) r 1 J Z I O Cll l'7 f f �s7 N n N N 1 N c V n A 10 •v n I •b -0 A r 1� rl �,d 1'i •., x c N /n A W r :o a r it 1 ti 3 MEMORANDUM (�°a }1 I r j- TO: Kenai Mayor and City Council FROM: Howard Hackney, Building Inspector DATE: July 10, 1986 SUBJECT: ORDINANCE NO. 1155-86 Sec 1 Several sections of the Zoning Code have development requirements which refer to the "Development Requirements Table." There is no such table in the Code so designated. When the RR-2 Zone was created no requirements were established for minimum lot width; minimum Front yard, aide a yard, and rear yard; maximum lot coverage; and maximum } height. "? The table which lists the development requirements requires a 5 foot side yard setback in the three Suburban Residential Zones. Footnote No. 1 to that table requires a 15 foot side yard setback in these zones for a building more than one { story in height. There is no provision for a daylight j basement -type building. Footnote No. 2 refers to a one-half story. There is no such ' building classification in the Zoning Code nor in the Building Code. - Sec 2 The "Additional Requirements" section on page 14-629 minimum t yards, A, requires that where commercial and industrial zones abut residential zones they must be separated by an alley. It would seem that a buffer of trees might in some cases be °i more desirable. I think this could be better addressed by = the Landscape Review Board. To my knowledge, this has never been enforced. The same table, under maximum heights referring to an F-'. -:-- "Obstruction Criteria" ma the lest prepositional phase 4, states that this me is on file with theCityClerk This map is not now and never has been on file with the City } Clerk. It is on file with the Airport Manager. The some table again, concerning street setbacks, has been a i. problem for a number of years. In the early 70's the zoning code left all the distances of the setbacks from the " centerlines of various street categories blank. Sometime after this they were filled in and I don't know when nor how. '- h took over the zoning* It could have been when the Borough This has nothing to do with the normal setbacks in eachg. zoning district. When a problem arises with the setbacks _ from the centerlines, then the owner or contractor has to has to be ` apply for a variance, pay a fee, the variance J ... i JA 1 li _ . i h i� advertised and a public hearing held at the next Planning and Zoning meeting. In every case the variance has always been !: , granted. It just seems an unnecessary procedure to go through. Sec 3 The Land Use Table lists mobile homes under the residential category on page 14-56 with a footnote which reads, "See Mobile Homes' Section." The "Mobile Home" section (page 14-39) refers to the Land Use Table. The change will make it clear that mobile homes may only be put in mobile home parka. '} ! Sec 4 Sec. 14.20.050(g)(3) conflicts with Sec. 14.20.150(c)(3). 'i Sec 5 Sec. 14.20.150(c)(3) may not require a certificate of •; occupancy. Sec 6 Sec. 14.20.180(e) may not require a certificate of occupancy. .. :f. Sec 7 Sec. 14.20.250 requires off-street parkinq in all zones. The - Land Use Table only allows off-street parking in the '. conservation zone. ^- HH/sw I 34 . ! n � e 'T t C. CITY OF KENAI „ d eaptdl 4 4"" 1 010 PIUM XWA1, A"8U 90611 TEWHIONa Oaf - M5 MEMORANDUM TOt Kenai City Council FROM Janet Loper, Planning Specialist 'r }� SUBJECT: Ordinance 1155-66 Pertaining to Overall Amendments to the toning Code ;� ..a DATES July 31, 1986 :.i Request to remove Section 2 pertaining to Additional Requirements Table - �- Setback Requirements and Buffers in Adjacent Land Uses Some time ago, the City Administration was going to undertake a project of locating PLO's for the major roadways in the City in conjunction with taking over zoning responsibilities from the Borough any! later, when asking ' the State to consider widening of the Spur Hwy. It was the feeling of the Planning Commission at the time that the setback requirements were created to enhance the PLO's and bring about a uniformity along the highway. The material has arrived, however, neither the Planning Department not the Legal Department have had a chance to review the material. The Landscaping Review Board and the Planning Commission have been working i...:: '-� on buffers between adjacent land uses. Therefore the Planning Commission ie requesting the Council approve the amended ordinance which removes the two - - sections stated above allowing the necessary time to further study these two sections. a C-a } Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1156-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING ALL SECTIONS OF THE 1986-87 BUDGET THAT DEAL WITH SENIOR CITIZEN FUNDS, AND MAKING NEW APPROPRIATIONS IN THE SENIOR CITIZEN FUNDS BUDGETS IN THE TOTAL AMOUNT OF $327,289. WHEREAS, Ordinance No. 1138-86 appropriated $417,175 in five Senior Citizen funds, including apporopristions for a Soldotne site; and, r - . � WHEREAS, many revenue sources have been reduced and the Soldotne site has been eliminated, resulting in significant changes to appropriations; and, -' WHEREAS, it is simpler to repeal and re-enact the Senior Citizen budgets rather then to amend each line item. q NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF :. .. KENAI, ALASKA, that: Section 1: All appropriations for Senior Citizen Funds in the . City of Kenai 1986-87 Annual Budget, which was - adopted by Ordinance No. 1138-86, be repealed. Section 2: Estimated revenues and appropriations be increased es follows: Senior Citizens Title III Increase L8tiM8t8d Revenues: State of Alaska Grant $1490742 USDA Cash 7,184 ° In -Kind Rent 16,638 t Donations 16 299 1 L S1B9 •B61 $ 29,922 2,369 2,194 4 ESC Workmen's Compensation Health Supplemental Retirement Office Supplies Communications Utilities Repair and Maintenance Rentals Janitorial Miscellaneous EonnregaLes ideal*: Salaries Leave PERS ESC Workmen's Compensation Health Supplemental Retirement Office Supplies Operating Supplies Repair and Maintenance Supplies Communications Rentals Janitorial Utilities Home Meals: Salaries Leave PERS ESC Workmen's Compensation Health Supplemental Retirement Office Supplies Operating Supplies Repair and Maintenance Supplies Community Services: Salaries Leave PERS ESC 2 323 ' 1,290 2,974 579 60 858 4,932 6,000 4 8,319 1,800 1 734 65,354 $ 35,902 2,660 2,608 383 1,544 5,071 692 140 30,250 417 858 8,319 1,800 4 932 95,5 6 t $ 6,597 I 448 478 71 281 1,096 128 140 7,563 ? 9, 62 # = 8,329 184 175 85 - A 1 Workmen's Compensation Health ih Supplemental Retirement Transportation TOTAL Senior Citizens Borough Increase Estimated Revenuee: Appropriations of Fund Balance -F " -- - Borough Grant Increase AppropriationR: Salaries Leave PERS _ ESC Workmen's Compensation L11. Health Supplemental Retirement :.� Operating Supplies Printing and Binding Miscellaneous Senior Employment '--- ., Increase Es imeted Revenues: s . State of Alaska Grant Increase Appropriations: F Salaries ESC ' Workmen's Compensation Senior Day Care Increase Estimated Revenues: State of Alaska Grant Donations In -Kind 3 .. {i 340 251 47 9,3670 Z 5,085 34,476 173 1-511 23,592 1,172 1,597 247 991 6,260 436 2,415 250 2 601 3 61 $ 11,797 53 471 s 76,000 1,100 8,444 E i "q .ji ! S� i. J Increase Appropriations: Salaries $ 48,082 Leave 2,593 PERS 3,525 ESC 507 Workmen's Compensation 2,027 Health 6,260 Supplemental Retirement 961 Office Supplies 300 Operating Supplies 2.779 Repair and Maintenance Supplies 360 p-�FnnoinnRj CPPViCP.Ei 3,600 Transportation 360 Communications 120 Repair and Maintenance 4,000 Janitorial 1,440 Postage 66 Utilities 120 Rentals 8,444 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finances 7/11/86 TOM WAGONER, MAYOR First Reading: July 16, 1986 Second Reading: August 6, 1986 Effective Date: August 6, 1986 4 L L IS •f 1 G I l ft r, W Qr to4r • j 1 AM 100, n I W AA4, AU OL at, U LXAAA, SV •� �c L j L _ t� I r C - 3 KGNAI CHIROPRACTIC CLNTQR DoNALo 0. NIGKi1., 0. C. F. a Box via 1 KIINAI, ALASKA 08011 Tf1yMwe S43.6Sao August 61 1906 Roar City Council Membora: As agent of tho owner of property located on Aarabara Drive and tenant of that property I request tlio proposed improvement planned for that street in Ordinance 1 1157 be cancelled for the following roasonst 1. :he proposed widening would pass directly over the property's existing, since 1y6�9 sepuic aYu'vuw. 2. Widening would have a deleterious effect on the protective screen of flora between house and road, thereby affecting privacy and aeshestics of the property. =! �f 3. Widening would serve only to increase the episode, of recre- i ational vehicles and c�npers attempting to find access to the Kenai Diver, thereby increasing traffic through the neighbor- hood with small children on bicycles, etc. q. :he street is wide enough for vehicles of maximum width - legal to operate on Alaskan highways to pass. 5. In the last several years there has boon a steady upgrading of the street surface and we have had no problem traversing it at any time of the year. I IN C -3 CITY OF KENAI „vd elz,d4l 4 4"„ 210FIDALGO KENALALAWA NNt TELEPHONE M • MS MEMORANDUM TOs Wm. J. Brighton, City Manager FROMs Keith Kornelia, Public Works Director DATE: August 6, 1986 SUBJECT: JULIUSSEN, SASINVIEW, AMES, BARABARA, ANGLER DRIVE FORs COUNCIL MEETING OF AUGUST 6, 1986 The design engineer's, Ocean Tech, construction cost estimate iss 3uliussen: $ 38,000 f� Dolchok 3,000 Ames 203,000 Basin View 26,000 Angler 262,000 - Barabora 988,000 �... _ _.. TOTAL $630,000 ESTIMATE COST SUMMARY ` Administrative $ 10000 ` Inspect/Test/Survey 100,000 Construction 630,000 10% Contingency 63000 r Jj TOTAL $794,000 r— July 6. 1986 This is an open letter tot� Ranai City Council and Administration and Masidents of the City of Kenai Do you, as a resident of the city of Kenai want your road loproved? Mould you like the City Council to appropriate funds tot it? If you do, call your council webers, Mayor and City Manager and be curt to turn qp at the next council mating and ask for the funds they are planning on slating for Sarabara Drive. No DON'T want our road Mraded. •Ne" is the mjority of earabara Drive property owners and tax payees, who signed and delivered personally a petition to the council wale months ago stating basically that we didn't want and/or need these Major iMProvemnnts. All we want is saw gravel it needed occasionally, road grading and snow removal Maintenance. Outs road dossn't rut, Or go out in sprits break-up. it doesn't flood. ME LM IT 20 /0►1t IT I8. Our easabara Drive is lairly slant and a dosd w02 ►v:... ra 4= j t o".stt a big ,# qe •^� with deep ditches. Ne lift our road's rural characteristics, it beauty tad dam ... kids and dogs play down it, its comfortable for two case to pass if you're not doing 50 sph... We don't want it to look like a main thorough -tare to the Kenai River* perhaps nose iwportantly of all, what the City not only brAnai y lw�at�daaagegthis�wonld �alonve9 t greatly devalue our homes and property our road, but also for its esthetic values. This is an open letter to the Maas City Council and Administration to ask you publicly to zRM SAMMUM DR= AZM— Me ask you once again to read our petition. Do we have to get another one for you? Consider ownersetter a have said noopetition. WAY do to roadd1-M-_ vementeo?u My iet80 it being pushedthe joT'ty of the and by whoa? AND...,ou fo1Re of Kenai who NANT and NEED road upgrading and improvements, get after the council and city administration. As far as we are concerned, you're welcome to the Moaty they are slating for earabara Drive. Incidentally, we kum you had the surge, and engineering done on our road and tMds were spent an this ... WT, you didn't ask ns first if we wanted anything or nothing done. Signedo;'- BARAUM DRIVE WISIOI'1'8. Q n .arm"• _i..va�. a _ ..� ' ..... 40 I V j; UM 000SU2 M PRCPJMTY OWN= AW/W MODW W WAMBA MUM HEMY pRonw US IROPMED WOO= OF RMUM MM AS VEL AS ANY ,nT,pf,,H3= (a am "TIM AM SEM 3NSTAIJATZMe vs Pawosg VAT To CITY OF MAI USE ANY XcNns ALLOUTM FcB THISS AMgo=ao pRWMTS FOR HAINTSWOR OF THE EUSTIM ROW AS IT NOW JAYS AHD ANY MM AMQUMT OM THOSE MONIES U Vr=SD IN AUMM SMTCB OF THE am VHEU THE L= RISIDEM DESUM IKOSE SERVICISO KOM ADDROS 92 /-'-Oct %Au" CIA. lleo.� I �Glz& 71 lcl ,o -.LA.*. if - - -- "-k I - *%, - - 1 7-1 7 i� .J r .�3 1, 1 ! t. . t C-3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1157-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $844,000 IN CAPITAL PROJECT FUNDS. WHEREAS, the City has received a $1.1 million grant from the State of Alaska for road improvements; and, WHEREAS, $32,716 of the 1984 state grant for road improvements is unappropriated due to the closing of the Lake/Marine road project; end, WHEREAS, the Council desires to appropriate $794,900 toward t" construction of Juliussen, Basinview, Ames, Angler and Bare re; and, ` WHEREAS, insufficient grant funds are available for construction of VIP Subdivision roads, but the Council desires to design the roads at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Juliussen, Basinview, Ames, Angler & Barabars Increase Estimated Revenues: 1986 Road Grant 6794,000 Increase Appropriations: Administration $ 1,000 Inspection 100,000 Construction 630,000 Contingency 63 000 000 VIP Subdivision Roads Increase Estimated Revenues: 1984 Road Grant $ 32,716 1986 Road Grant 17.p Q 1 r Increase Appropriations: Administration $ 1,000 Design 49,000 50 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: 7/11 /86 TOM WAGONER, MAYOR First Reading: July 16, 1986 Second Reading: August 6, 1986 Effective Date: August 6, 1986 2 A r A Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1158-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING PORTIONS OF BARON PARK S/D #5t TRACTS A, 8, & C TO LIGHT INDUSTRIAL (IL) AND LOT I TO GENERAL COMMERCIAL (CG) DISTRICT. WHEREAS, KNC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and 7 WHEREAS, a rezoning petition has been submitted by Administration which supports the overall development plan for the designated area, and WHEREAS, the Kenai Advisory Planning 6 Zoning Commission has conducted the A. required public hearing on July 9, 1986, and WHEREAS, as a result of the public hearing and previous discussions concerning the development of these tracts of lands, the Planning Commission submits the recommendation of approval. NOW, THEREFORE, BE 17 ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followat Section It Subject property consisting of those lands depleted in Exhibit at hereby rezoned to: Tracts A, B, and C - Light Industrial (IL) District Lot I - General Commercial (CG) District PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. F TOM WAGONER, M rOR First Readings July 169 1986 Second Readings August 6, 1986 Effective Dates September 69 1986 :34- TO: FROM: SUBJECT: DATE: BACKGROUND Applicant: Location: CITY OF KENAI 210 FIDALOO KENAI, ALASKA M11 -- TELEPHONE 283- MIS MEMORANDUM Kenai City Council Janet Loper, Planning Specialist Ordinance -86: Rezone Baron Park S/D #5 Per Exhibit A July 11, 1986 Existing Zoning: Proposed Zoning: City of Kenai Per preliminary plat identified as Baron Park S/D 0, Tracts A, B, & C and Lot 1 north of the Spur Hwy and east of Marathon Rd. Suburban Residential (RS) Lot 1...... General Commercial (CC) Tracts A, B, & C...... Light Industrial (IL) Existing Land Use Plan: Medium -High Density Residential Prnnnapd Land Use Plan: Commercial and Industrial DISCUSSION The City of Kenai, in conjunction with FAA has been in the process of developing lands in the area of the Marathon Rd, Spur Hwy, and west of Beluga S/D. Portions of Baron Park have been approved and developed which lie adjacent to Airport Way. The Planning Commissions of both City of Kenai and Kenai Peninsula Borough have approved the preliminary plat which defines the area to be developed. Tract A is proposed for the FAA antenna facility. RECOMMENDATION is approval of the resolution. i �5 f. ' .Alm . apex agtqt a ' u 1 it t. I t, asidential (RS) la i AUTUMN suso. w• + f I i f" c - wrr tj 3 n t` i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 66-73 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT ,''.,�•r THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-87 GENERAL FUND BUDGET: From: Other - Contingency $3,000 To: Non -Departmental - Professional Services $3,000 This transfer provides funds for bond counsel fees for refunding 1984 Series A Bonds. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. ; Tom Wagoner, Mayor ATTEST: Janet he an, City Clerk i( E t Approved by Finances r4� t OWN C (O Suggested by: Administration CITY OF KENAI RESOLUTION NO. 66-74 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE EAST KENAI SEWER INTERCEPTOR CAPITAL PROJECT: " From: Engineering $17,760 _ :a 1os i Construction $179760 This transfer is for Homer Electric Association to install 3-phase power to a new lift station on Lawton Drive. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. Tom Wagoner, Mayor ' ATTEST: j Janet Whelan, City Clerk n • Approved by Finances eta -` i It i It •1 � :i t� �j .0 t� .�i o yY. i Suggested by: Administration I CITY OF KENAI k RESOLUTION NO. 66.75 A RESOLUTION Of THE COUNCIL OF THE CITY OF KENAI, ALASKA i REQUESTING MUNICIPAL ASSISTANCE FUNDING FROM THE STATE OF ALASKA. WHEREAS, AS 29.60.350 requires the governing body of a municipality to approve a resolution requesting municipal assistance funding; and WHEREAS, this resolution must be submitted to the Department of Community and Regional Affairs; and, WHEREAS, the City of Kenai has a fiscal year beginning July 1, and ending on June 30; and, WHEREAS, the City of Kenai is desirous of receiving municipal assistance funding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA by this resolution hereby requests distribution of funding from the municipal assistance fund to the City of Kenai by the Department of Community and Regional Affairs on the date required by law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. i i Tom Wagoner, Mayor ATTEST: enet elan, City Clerk Approved by Finences eqQ 1\ i KENAI CITY COUNCIL +¢ 3UNE 10, 1986 a Page 12 i MOTION, Additions -- - --- Councilmen Mies, with consent of second, added to the motion •' that the Borough plat that treat to Identify what will be in t the dump and what excluded (the dump plus the 300x1000 area). They would also like the reply in writing. •?i - VOTE t I 'L Motion passed unanimously by roll call vote. i MAYOR WAGONER RESUMED THE CHAIR. u } a. (contd) Council agreed to have the reception for AML and split the cost with Soldotna. w j H-2 Attorney Atty. Ragere spoke. j! e. He sp�oke to H. Smith, FAA. The FONSI her been approved "# and we can proceed with condemnation for float plane basin. Council her introduced condemnation for 160 to to -i+ acres by slow take. If it becomes necessary go quick take the money can be deposited to court or 11 go beck to Council for more. Councilmen Nice asked if i a slow take enables the City to meet FAA requirements ' 1 1 for appropriating ADAP proposal. Atty. Rogers replied, _ ' the document would be drafted, Airport Manager Ernst ' and Atty. Rogers will meet with FAA. They need their concurrence and will ask them those questions before filing. We would have the money in 20 days with a fast take but would not know what we would pay. Mayor Wagoner suggested we only need 2/1/2 or 5 acre piece. -' Atty. Rogers explained, every time we say a different amount we have to re -do and substantiate that amount. Al We can only take the amount necessary for the project. I`{ Our documents say 80 acres are needed. Airport Manager "• Ernst added, if we change the acreage, the ; environmental assessment will have to be changed. 4 I ' MOTIONS 9 Councilman Wiee moved, seconded by Councilwoman Bailie, to proceed with a slow take of 80 acres. R"•. t� Motion pssoed unanimously by roll call vote. �E H-3 Mayor None H-4 City Clerk Clerk Whelan spoke. The judges for the June 24 election will have to be - - - - --- ---- - -.-- approved by Council. Grace Cole, precinct 01, will be unable to serve, she hoe been replaced by Ginny } Atchison. 4 MOTIONt Councilman Mioo moved, seconded by Councilwoman Bailie, to approve the judges eo submitted. Motion passed by unanimous consent. IF .... - - - - - - - - - i 1 k. 1 ' ! f 4pm- 4i. KENAI CITY COUNCIL DUNE A, 1986 a . Page 12 r G-B Sand for Airport Projects Airport Manager Ernst said he talked to FAA Planning, they for any off -airport projects (, said the sand could not be used because if, at some later date any project wen done on the airport and we had used the fill for another project, we . would have to buy fill. They are trying to protect it for 1e airport use. Councilman Measles sold if our next project fill take ' the float piano basin, whet will we do with the we out? Mr. Ernst replied, fill the lowland area at the west side for additional lease spaces. City Manager Brighton, noted there in same there now. Approx. a your ago they said take sand out of there for off -airport we could let someone use, such ae Fred Meyer, but we would have to charge SOo per yard. Now we cannot do that. Mr. Ernst addod, FAA will rn, low .in with a letter. i. No action taken by Council. s, H. REPORTS i 4-1 City Manager City Manager Brighton spoke. a. The Legialative Steering Committee of Alaska Municipal League will meet here June 26 and 27. Council is invited. b. Finance and Tex Subcommittee of Alaska Municipal League 1 will meet at the Borough on June 16 and 17. Council is jf invited. C. Lest winter the City Wegiven a flag pole by the j II Gorden Club. It to stored at the streets dept. Does _ Council went it erected? Councilwoman Battle said this { wee discussed before. The Library and Public Safety i have flags, to the need as great to have one at City -�1 Hall? Mr. Brighton noted it would coat $6,000. Mayor , Wagoner said it wee euggeated 1t be placed over the of City Hell. Public Works Director Kornelia entrance suggested putting it in the corner with a light on it, it. high enough that a ladder would be needed to remove Council agreed to the suggestion. 1 ' d. Regarding Fred Meyer. They have requested an extension on their lease without apeclfic period. it to a Council decision. There is a slim chance of to be in { construction by late Fall. Completion woo 1987. Atty. Rogers suggested an extension on the start up time also. Mayor Wagbner suggested Administration to beginning i #. elate the time requested and the amendment time of construction for Council approval. H-2 Attorney Atty. Rogers spoke. =:- --- -- �? a. LegAL Aeat. Sutcliffe hoe peeeod his bee. the float plane basin land acquisition. He r----V--#_0geeaing refed to info item /19 (rejection of offer). tierre i will meet with FAA. Councilman Wise asked !f we had the ` land maps and environmental impact statement. Have Wagoner euggeeted tt f they complied with permits? Mayor lase, and get 0; ?i the City state they only need 2 acres or started. Atty. Rogers eoplled, wo would have to go j back and ro-do the documents already developed that c ; '• t; show a certain amount was imperative. In condemnation FAA you can only take the amount needed. Some time ego He will have • auggooted its take more then BO acres. the June 1B meeting. Councilman Wise sold if iS report at t .X. 7, { �1 " s . "13117}1 s4 1♦ KENAI CITY COUNCIL JUNE 4, 1906 Page 13 we take lose then 80 acres we need a new environmental lmpect statement to proceed with the float plane basin. H-3 Mayor Mayor Wagoner spoke. a. Council will have to set the Clerk's salary by motion. MOTIONt Councilman Wise moved, seconded by Councilwoman Bailie, to set the clerk's salary at $45,000 annual. pa44ei Y) Yif •1i :Iniu+ 1! ,P-Pr-" b. He suggested taking money from capital improvement funds to do a rush project for a free right turn lane on Main St. onto Spur. The dip on Mein St. needs fixing also. Council agreed to the auggeetion. He requested Administration bring a coat estimate to the June 18 meeting. Councilwomen Sallie suggested the Roe. Dept. be notified, they will be placing the cement planters soon. C. Regarding the flag. He suggested the Chamber of Commerce design a flag. The design on the City pin le good. He requested Clerk Whelan review the minutes regarding the flag. Councilwomen Bailie noted the lady that proposed the banners at the airport triangle is moving to Anchorage, we could check with her. d. Regarding letter from Borough dated 5-29-86 on development of bell fields. They welcome the development but there will be no financing. He met with Borough Administration, they said if the City wants to do it, they will go along with it. This is better then getting more city lend. Councilman Measles said if we spend city money on borough land, they could decide later to put a building on it, we would be out of luck. Mayor Wagoner sold he did not think they would put a building on it, they have 300 students there now and there will be lees when the new junior high is built. Out little league has meet of Nikiski end K-Beach in it. We furnish baseball diamonds for B11 of them. They are not asking us to fence it. Recreation Director McGillivray said he would not went to develop it without a fence. Mayor Wagoner sold the Borough Mayor had said the Borough may went to fence it next year. Mr. McGillivray said he would like to meke it multi -use. Mayor Wagoner said he would went something in writing from the Borough. Councilmen Measles said he did not know of any little league program that is on school property- Council took a telly of whether they wanted to have a joint venture with the achoolet ono-yos, aix-no. Councilwoman Nonfat noted we did not help the Community Schools, they may not be willing to share. H-4 City Clerk Clerk Whelan spoke. 0. The ballots ere ready for the June 24 election b. There will be a ceremony for laying of the cornerstone honoring the Civic Longue on June 14 at Noon at the Cook St. Pork. Everyone is Invited. e. Councilwoman Nonfat naked about the progress on the oe:rstory for Comm. 6 Comm- Clerk Whelan replied she is working on it. I �` SFr'( -; •�� kir t" KENAI CITY COUNCIL MAY 7, 1906 Page 12 d. Regarding item info 016 (Kenn& Medical Center - E145 Update). The doctor wants an increment we have not put this in the budget. e. Regarding item Info Oil (OUT - Airport AIP Pee -Application). DOT Gaye they will not okay surplus moneys for a float plane basin because the State is not in the business of developing float plane baelne. Mayor Wagoner noted there are State-owned float plane basine in Juneau, Fairbanke, Sitko and Ketchiken. He suggested Atty. Rogere review and contact our legislators. H-2 Attorney Atty. Rogere spoke. a. Reg— e d rig item Info 03 (Wildwood Devel. - Purchase of Property by City). In view of the. rejection without a counter-offer, he euggeeted the City withdraw the application for 1986 and continue negotiations in hopes the seller would offer a fair price. He will talk to FAA. If we get it in a timely manner, we would re -submit. We will take the negotiated figure subject to FAA approval. Council agreed to the suggestion. Airport Manager Ernst said the float plane basin is put back to 1987. Councilmen Wise said the owners have not made an effort to get an appraisal. Atty. Rogers suggested we contact the owners, make a proposal to pay them our offered price, have them give us a deed, enter into a contract to stipulate to a Master's Hearing and pey whet the Neater's Hearing decides. it would limit the Ci he risk, but would bind thty to a Master's Hearing. Mayor Wagoner suggested condemning that section, go ahead with the project and pay what it Is worth. We do not need 60 acres. Atty. Rogers replied the City can only condemn what is imperative. There are 3 optioneg 1. Enter into a quick take. 2. A Blow take 3. Proceed as outlined this date. NOTIONt Councilmen Wise moved, seconded by Councilmen Hell. to Pay for an MIA appraisal of the owner's choice. Notion passed by unanimous choice. I b. if we cannot resolve the matter with Bill Quandt (Cook Inlet View Dr. work), he would like to proceed with condemnation. It would be a quick take. NOTIONt Councilman Wine moved, ascended by Councilwomen Monfort to authorise the attorney to proceed with condemnation as requested. Motion pooled by unanimous conoont. L -1 t I to al_';C-16 �j- L� q Suggested by: Council CITY OF KENAI RESOLUTION NO. 66-76 C - $ a. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA j DIRECTING THE CITY ADMINISTRATION TO PROCEED WITH THE ACQUISITION OF LANDS NECESSARY FOR CONSTRUCTION OF A FLOAT PLANE BASIN BY USE Of CONDEMNATION PROCEDURES. WHEREAS , pursuant to Resolution No. 86-28, the Kenai City Council: ' 1. determined the proposed City of Kenai Float Plane Basin :,. could not be accommodated within existing City property; 2. that private lands would be required for the aforementioned project; ` 3. that the appropriate land, as determined by an engineering study was an approximately eighty acre parcel more or less, designated as the Southeast 1/2 of the Southwest 1/4 of Section 29, T6N, R11W, S.M. _ 4. found that, if necessary, a taking of the aforementioned realty would be compatible with the qreatest public good and the lease private injury; S. directed the City Manager to proceed to offer $120,000 v as fair compensation for the aforementioned parcel of ;., realty; 6. authorized commencement of condemnation of the subject E...-. parcel should the City's offer be rejected; and WHEREAS, an offer of $120,000 was made by letter dated April 10, 1986 over the City Manager's signature to the office of Dick t I Mueller Realty with whom the property was listed; and -- -----: -:= City WHEREAS, the offer of the rejected - y was re b j y the president of } the corporate owner by letter April 19, 1986; and ?; WHEREAS, it is the desire of the City Council to proceed with '.. this project as soon as possible, and L WHEREAS, the City Council realizes that taking this parcel through utilization of the expedited "Quick take" statutory condemnation procedures by court action (AS 09.55.420 et seq.) will result in acquisition of the property for an uncertain sum which will only be determined subsequent to gaininq title and possession; and WHEREAS, the City Council realizes that acquisition of the property by the "Quick take" processes may result in a bindinq obligation upon the City to pay a price beyond that presently anticipated; and WHEREAS, acquisition by normal condemnation procedures preserves f1dn . . s a ♦ .err•{ �hn nr/�p ert%, 9!j0t9l,ii tho rnl�Phq determine that land acquisitioncostsexceed that which the City is willing to pay; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the City proceed to acquire an eighty acre parcel, more or less, designated as the Southeast 1/2 of the Southwest 1/4 of Section 29, T6N, R11W, S.M. by "Quick take" statutory condemnation procedures as provided by AS 09.55.420 at seq. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. ATTEST: Janet Whelan, City Clerk Tom Wagoner, Mayor A Y I $ZO, C Suggootcd by: Council CITY OF KENAI RESOLUTION NO. 86-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DIRECTING THE CITY ADMINISTRATION TO PROCEED WITH THE ACQU OF LANDS NECESSARY FOR CONSTRUCTION OF A FLOAT PLANE BASIN OF CONDEMNATION PROCEDURES. ,j, -ant to gppaji!tinn mp. aA-?P, *hp Kenai city Councils 1. determined the proposed City of Kenai Float Plane could not be accommodated within existing City proper 2. that private lands would be required for the aforementioned project; 3. that the appropriate land, as determined by an engineering study was an approximately eighty acre pa more or less, designated as the Southeast 1/2 of the -� Southwest 1/4 of Section 29, T6N, R11W, S.M. 4. found that, if necessary, a taking of the aforeme realty would be compatible with the greatest public g the lease private injury; 5. directed the City Manager to proceed to offer $120,000 as fair compensetion for the aforementioned parcel of realty; + 6. authorized commencement of condemnation of the subject parcel should the City's offer be rejected; and 1_ s -. -. WHEREAS, an offer of $120,000 was made by letter dated April 10, 1986 over the City Manager's signature to the office of Dick } Mueller Realty with whom the property was listed; and WHEREAS, the offer of the City was rejected by the president of --__ the corporate owner by letter April 19, 1986; and WHEREAS, it is the desire of the City Council to proceed with this project as soon as possible, and { WHEREAS, the City Council realizes that taking this parcel _ i through utilization of the expedited "Quick take" statutory condemnation procedures by court action (AS 09.55.420 at seq.) will result in acquisition of the property for an uncertain sum f which will only be determined subsequent to gaining title and possession; and 1: A 1 r� 1; { le t 1 1 }; WHEREAS, the City Council realizes that acquisition of the property by the "quick take" processes may result in a binding ' obligation upon the City to pay a price beyond that presently anticipated; and WHEREAS, acquisition by normal condemnation procedures preserves the City's option to not acquire the property should the courts determine that land acquisition costs exceed that which the City :.; is willing to pay; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KLNAI, ALASKA 7HAi the Ciiy Nruceed to duyuire an ei4hLy dcre parcel, more or less, designated as the Southeast 1/2 of the ,t Southwest 1/4 of Section 29, T6N, R11W, S.M. by "Slow take" t statutory condemnation procedures as provided by AS 09.55.420 at seq. PASSED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA this 6th day i of August, 1986. j; Tom Wagoner, Mayor 1 ATTEST t Janet Whelan, City C erk rrA 61 e e o d SU SMLFFUM, DEPARTMENT OR REVENUE 550 W. 7th Avenue ALCINLICOEVEWECONRRM Ra4RD Anchorage, Alaska 99501 July 29, 1986 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Y•I.M. Dear Ms. Whelan: Ye are in receipt of the following application(s) for transfer liquor licesse(s) within the City of Kenai You are being notified as required by AS O4.11.520. PACKAGE STORE LICENSE Oaken Keg #58; Oaken Keg Spirit Shops, A Gen. Prtnrship, LJ Carr Investments, Inc. & BJG Investments, Inc.; Spur Rd., 1 Blk. SE of Post Office; MAIL: P.O. Box 11-2107, Anchorage, AK 99511. Transferred from: Same d/b/a, location & Mail; Oaken Keg Spirit Shops, A Gen. Prtnrship, LJ Carr Investments, Inc., BJG Investments, Inc. & Joe Wiley Investments, Inc. L is _ A local governing body as defined under AS O4.21.080(10) may y protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of t .,. .. reasons in Support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest to arbitrary. ` capricious and unreasonable. Instead, in accordance with AS .- 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING• THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. ' Under AS O4.11.420(a), the board may not issue a license or permit for _y•- premises in a municipality whore a ?nning wp&niati;+n or ord!narco prohibits the sale or consumption of alcoholic beverages, unless a = variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. - If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.14S(c) the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so t' notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. - i i i PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. S cerely, Calhoon etty . Rector a 6 Licensing Supervisor (907) 277-8638 r C..10 Suggeoted bys Administration RESOLUTION NO. 86-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A a CONTRACT FOR ARCHITECTURAL DESIGN SERVICES TO FOR THE PROJECT ENTITLED "EASTERN ENTRY TRIANGLE" F NOT -TO -EXCEED AMOUNT OF $ WHEREAS, the City of Kenai received proposals from the following firma: William A. riiuye u A6occlatca Carmen Vincent Gintoli, Architect WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City of Kenai to award this project to , and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for Architectural Design Services to for the project entitled, "Eastern Entry Triang a or a no - o-exceed amount of $ . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 1986. ATTESTS Janet Whelan, My Clerk Approved by Finances Written by Public Workss.___r_ R TOM WAGONER, MA OR L CITY OF KEN Oil Capddl 4 4" 210FIOAL00 KENAI,ALASKA 99eii ! TELEPHONE 283. MB 1 July 16, 1986 Carmen V. Gintoli, Architect 130 Trading Bay Road Kenai, Alaska 99611 Res Spur Triangle Park (eastern entry triangle) Dear Carmen: The Council of the City of Kenai is requesting architectural proposals to make design modification to the enclosed "Kenai Downtown Landscape Master Plan" -- eastern entry triangle. This to be a memorial park as described by the enclosed July 109 1986 letter from Councilwoman Sally Bailie to City Councilmembers. The location is between the Spur Highway, the Frontage Road, Ryons Drive, and Lake Street. The City hoe set aside $50,000 of Federal Revenue Sharing Funds for this project (Davis -Bacon wages are required). The $50,000 is for the completed project, which includes the design and construction. The scope of work is to include: 1. Sidewalks 2. Gazebo 3. Landscaping and where trees are to go Please submit your proposal, along with a complete cost budget end schedule prior to 5:00 p.m., July 31, 1986. Sincerely, CITY OF KENAI Keith Kornelis� ` Public Works Director KK/clf Enclosures L._ - -A 0 carmen vincent gift 130 trading bay road, kenai, alaska 99611 r , 907 283.7732 Y July 29, 1986 �. City of Kenai 210 Pidalgo Kenai, AK 99611 Attentions Keith Kornelis, Public Works De Dear Keith: Enclosed is our proposal pa on the eastern entry triangle, oerween vnr apur aiyuway, L.uC ravu..nya Road, Ryans Drive, and Lake Street in Kenai. As requested, the proposal includes a cost budget and schedule, as well as a project description and preliminary design sketch. We understand that $50,000 has been set aside for this project in hopes of creating a place for the community of Kenai where citizens could plant a living tree or shrub in honor of a friend or relative. We further suggest that honorariums not be limited to members of the community who have passed away. This would allow any person to dedicate a plant to any living or deceased person, while beautifying the City at the same time. Project team members who will be intimately involved with the Memorial Park include myself, a Registered Architect and 8 year resident of Kenait Suzanne Little, Landscape Architect= the support staff, and Wince/Corthell/Bryson Engineers. Our entire technical staff is composed of highly trained and experienced personnel. We are excited about the project and believe that it is a needed addition to the community. Sincerely, car en vincent gintoli, architect c7ZV-7W,4. Carmen V. Gintoli CVG/bd 11 X L a -a i The site, located between the Spur Highway, the Frontage Road, Ryans Drive and Lake Street in Kenai, houses a myriad of utility systems including i 1 High pressure gas mains 2; FAA Building, housing main telephone trunks from Alascom, Glacier State and FAA; 31 Overhead electric lines; 4 Sewer lines for runoff; and 5 Water main. The cost of relocating these utilities would be prohibitively high. it is our recommendation therefore that the yortion of the site where most or the utilities are located remain unaeveioped. ressibly a ruw of trees around the perimeter of the utility zone could effectively screen the zone. am = MUMT "Oh plant ono cold headstone for me but rather plant a sapling tree . . . Oscar Brown Jr. We visualize the site becoming a serene pleasantly landscaped garden for contemplattht colorso the Two summer view gartl�ens have been designed to lend Both Kenai residents and tourists will find the Memorial Park a pleasant place to spend time. The following are design elements to be included in the Kenai Memorial Parks 1.phalt Lotable to accommodate 6 recreational vehicles or small buses, A conventional autos and 2 handicap parking spaces. 2. �nre for wheelchair access to the viewing gazebo from e parking to . 3. D--1 WE lined with trees planted in memoriam crisscrossing the siteand providing access to other planted memorial areas. 4. im�gumboVViiiinnaagumbofrom which scenic views of the rver,�mouuntna�iis nand rune can be enjoyed. 5. Iva Sulpmer ylgv Gardens for brightly colored annuals and perennials possibly installed annually on Memorial Day by Volunteers. 6. streets LiBW Nish Trees each dedicated in memory of a loved one. 7. Phr&Abbery =a �$ Cover as landscape filler amidst donated Tees. 8. Relab Existing Lim wherever possible in order to both cut cost and to lends to a completed look as earlier as possible in the project schedule. 9. $ggm is provided by walkways from all surrounding streets. L 2 r, '1 COST ESTIMBTB BAKED 00 PRBLIlO39J1R1t MUCH 1. Asphalt (without curb & gutter) $ 48,000.00 ? 2. Curb & Gutter (Parking area) $ 14,000.00 3. Concrete Walk (handicap access to Gazebo) $ 6,000.00 { 4 4. D-1 Walkways $ 20,000.00 i ] ...... S. Berm 2,856 cu. yds. @ $7.50 cu. yd. $ 21,416.00 6. Gazebo 300 sq. ft. @ $80.00 sq. ft. $ 24,000.00 3 r 7. Small Shrubs & Perennial (other plant materials to be donated) $ 10,000.00 .: PHASE ONE Berm and Walks (items #4 & #5) 41,416.00 Contingency 10% 4,141.00 45,557.00 A & E FEES -3,000.00 48,557.00 - Inspection 1,000.00 $ 49,557.00 $ 49,557.00 PHASE TWO Plants and Gazebo (Items #6 a #708 34,000.00 Contingency 3,400.00 37,400.00 A & E FEE 3,000.00 $ 41,500.00 inspection $ $ 41,900.00 PHASE THREE Asphalt Parking, Concrete Curb, Gutters & Walk (items U, #2, #3) 68,000.00 Contingency lot 1.800.00 74,800.00 A & E FEE 4,700.00 79,500.00 ion R $ 81000.00 RWECT COST 3 L L $ 41,900.00 S 81.000 $ 172,457 1 tr PHASE I Assume Council Approval of Proposal . . . . . . . . . . August 6 Begin Drawings . . . . . . . . . . . . . . . . . . . . August 11 Complete Drawings . . . . . . . . . . . . . . . . . . . August 22 Advertise for Bids . . . . . . . . . . . . . . . . . . August 28 Contract Awarded . . . . . . . . . . . . . . . . . . . October 1 Work Completed . . . . . . . . . . . . . . . . . . . . October 15* *depending on weather Phase II 6 11 1987 construction season or as funds are available i E � . r s i FIN omexmm ;.� civil — Wince/corthell/Bryson ' Engineer V11 $58.00/hr. Engineer V Engineer III $40.50 br. Drafter $30.00/hr. Secretarial $30.00/hr. ' i Architectural Principal. Carmen V. Qintoli $75.00/hr. Project Architect $60.00/hr. , Job Captain $50.00/hr. Landscape Architect $50.00/hr. Sr. Drafter $40.00/hr. Jr. Drafter $30.00/hr. Secretarial $25.00/hr. - z i i } 1 a WILLIAM A. KLUGE & ASSOCIATE6 Arch- —, / Manners Tengene Eldp. one 01mago, sul" =4 Qaa-mana 1741 Aleeke OD611 0 July 319 1986 Keith Kornelis, Public Works Director City of Kenai 210 Fidalgo Street Kenai, AK 99611 Rot SPUR TRIANGLE PARK R.F.P. Dear Mr. Kornelis: In response to your Request for Porposals to provide Architectural services for the Spur Triangle Park, we are pleased to submit the attached proposal. We have current experience in park design, for example, Soldotna Creek Park and Dillingham Airstrip Park. The availability of our experience and approach to the Spur Triangle Park will be an asset in the completion of the proposed memorial park. Thank you for the opportunity to submit our proposal. Please feel free to contact us at the above office if you desire any additional information. Sincerely, William A. Kluge & Associates ill Kl , Architect BK:bsg Attachment I s .. 3 1 WILLIAM A. KLUGE & ASSOCIATES Archloeote / Plennare Tangent ttfldp. Y1e pmelge, t u to sna as"em Kenai Alenka eee11 SPUR TRIANGLE MEMORIAL PARK PROPOSAL FOR ARCHITECTURAL SERVICES The Architectural firm of William A. Kluge & Associates is a locally established firm which has provided services to the Kenai Peninsula Borough, City of Kenai, City of Soldotna, as well as local private entities. William A. Kluge & Associates emphasizes quality, practi- cality, and cost efficiency in it's design approach. The proposed site for the memoraal park is skiried uis Liu we aliga and crossed with overhead utilities. This site condition, coupled with the $50,000 total project budget, leaves us to recommend the development of a limited central part of the site. We feel a por- tion of the site should be developed with the gazebo, access walks, and designated landscape areas. Limiting the park at this time would lend itself well to making the most of available funds and allowing for an orderly development of the remaining site. PROPOSED PROJECT BUDGET Earthwork: 1 Job $10,000 Sidewalks: 550' 0 S12/ft. 6,600 Gazebo: 1 Job 16,100 Landscaping: 30,000 S.F. Hydroseeding 0 S.10/S.F. 3,000 30,000 S.F. Topsoil 0 *.20/S.F. 6,000 10 Trees 0 $250.00 ea. 2,500 Architectural Fees: 5,800 TOTAL BUDGET: $50,000 As pointed out in the preceeding budget, we are offering Architect- ural Design Services on the proposed project for the lump sum fee of $5,800.00. This fee includes two design review meetings as well as Contract Documents consisting of working drawings and specifica- tions. Upon Notice to Proceed, we anticipate completing the Contract Docu- ments within a thirty day period. A thirty day construction sche- dule should prove adequate for the proposed work. We look forward to the opportunity of working with the City Council in developing a cost effective, well designed memorial park. L - - A,--,L. 0 F ;j Suggested bye Administration r "ti CITY OF KENAI } RESOLUTION NO. 66-70 '+ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THA THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE COOK INLET �. VIEW/LILAC CAPITAL PROJECT: ,f From: .Y� _ T o : Construction $26,956 " This transfer provides funds for Change Order 91 to the Doyle -. Construction Co. contract. 01, :. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th d: of August , 1986. Janet Whelan, City Clerk Approved by Finance: C _ 3. 1� 1 f - --c -44 { Tom Wagoner, Mayor L t � _ i a C.O. sent to on Page i of C.O. approved by on C _ .0'k CHANGE ORD ER NO : 1 Project Cook Inlet View Drive & Lilac lane Initiation Date July 79, 19R6 Contractor _kyle C nstruction Co. City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 50.(Y4(11 Manholes and Catch Basins, Construct manhole Type 1, 1V Deoth I additional manhole @ $2,200 62,N10,00 50.04(21 Manholes and Catch Basins, Additional depth to manhole 6 additional feet @ $150 900.M 50.12A Add New Item. Sanitary Sewer Service Connections ' 4" DI Connect to Existing Sanitary Main 11 additional services @ 191,000.00 each tli,(1m.f10 60.06A Add New Item. Water Service Lines, F&I A" Type K C000er Service Line 8 additional services @ $1,800 each f14,4fn.a0 60.06 Water Service Lines. F&I 3/4" Tvoe K Delete 9 services @y,17M 'each (41,Rm•no) 70.23 Arid New Item. Pipe Insulation, (2" ?flick) 128 b.f.. G V b.f. 47516.m See Sheeet 2 for Ji t ca on Net change in contract price due to this C.O. t2fi'956.m CHANGE IN CONTRACT TIME CHANGE IN CONTRACT &MOWT (Attachea) ~ is full justification of each item on this C.O. including its effect on operation and maintenance testa. this C.O. is not valid until signed by both the Owner and Engineer. Kenai City Coufte" "as to approve all C.O.S. — �r J` Cant ta ores signature indicates his agreement her th including v adjustment in tht Contract sun or Contract ties. { 3y w--- By - ' By •n i Fr n r ctor Owner Date ( Da a �` Date , i- a 0 Proj ect Cook Inlet View Dr. & Lilac T.Ane Page 7 of 7 A complete explanation and justification of each item listed on this Change Order including its effect on the operation and maintenance costs is below. ITEM NO WMCN FUR CHANGE 50.04(1) The City changed the location of the proposed storm IlLdiu UUL Lai 1i1u1 Lebta :iiiy iu adding 1 scoria drain manhole to the total quantity. .50.04(2) Additional depth for manhole is increased die to the same reason as above. 50.12A Add new item. There were 11 existing lots located on Lilac Lane that were not served with sanitary sewer. These services were added to avoid future excavation in the new street This new item establishes a price for conrection of a new 4" M service to an existing sewer main The method of measurement will be based on a per each basis. The basis of payment will include all materials, labor, equipment and other incidental items necessary for the construction of a complete sanitary sewer service. 60.06A Add new item The multi -family residences and vacant lots located on Cook Inlet View Drive were scheduled to receive 3✓4" diameter water services. The City has requested that these services be up graded to 1-1/2" diameter type K coppea The method of measurement will be per each service installed complete and inplace. The basis of payment will include all materials, labor, equipment and other incidental items necessary for the construction of a complete water service as required 60.06 Because of the above change, the planned 3/4" water services " located on Oook Inlet View Drive may be eliminated 70.23A Add new item. ! Insulation was ordered to be installed between existing water main and proposed storm drain. This work was ordered bbyy the project engineer with the concurrence from the City. The storm drain passed within 1 foot cf the existing water main resulting in a potential freezing situation. The method of measurement and basis of payment will be as L A established by the Standard Construction Specification for pipe insulation. _r u - � _._�.. _L.. _.___-.ice...• ___ ��� r V _ 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY % , 1986 - 7tOO PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (+) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no �. i f 4hC:A- itcma runl.aaa a rn11ne Be�tlCtlLC Utbbuooaui� u� �11�..,.. member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Representatives from Berabara Dr. - General Problems of Widening Streets 2. Bob Cowan, Old Town Comm. - Report 3. Representatives from Kenaitze Ct. - Problems with Up -Grade C. PUBLIC HEARINGS 1. Ord. 1149-86 - Landscape Regulations 2. Ord. 1152-86 - Increasing Rev/Appns - Federal Revenue Sharing - $374,093 3. Ord. 1153-86 - Amending Kenai Municipal Code - Insurance Requirementa, Contractors 4. Ord. 1154-86 - Amending Ord. 972-84 - Change Redemption Features - GO Bonds 5. Res. 86-66 - Awarding Contract - Airport Way Widening A Landscaping, Project Management - Wince, Corthell, Bryson - $49,500 6. Res. 86-67 - Transf. of Funds - Inspection Contract - Airport Way Widening 6 Landscaping - Wince, Corthell, Bryson - $12,500 7. Res. 86-66 - Awarding Contract - Flight Service Station Const. - Woodward Const. - $1,334,236 B. Res. 86-70 - Transf. of Funde, Flight Service Station- Const.- $1129000 9. Res. 86-69 - Awarding Contract - Airport Way Widening Landscaping 10. Res. 86-71 - Supporting Landfill Permit Extension 11. Res. 86-72 - Allowing One Year Extension to Drilling Permits - Cannery Loop #1 6 03, Union Oil I �t I 1 D. MINUTES i -J 1. *Regular Meeting, July 2, 1986 E. CORRESPONDENCE ,h F. OLD BUSINESS G. } NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified ! 2. Requisitions Exceeding $1,000 _ 3. *Ord. 1155-86 - Amending Zoning Code 4. *Ord. 11>b-db - Hmer►diny Sailiuc Vi�icv I $327,289 A'E 5. *Ord. 1157-86 - Increas Rev/Appns - Capital Project Funds - $844 0000 6. *Ord. 1158-86 - Amending Zoning Map - Baron Pk. S/D 7. Assign. of Lease - Inlet Industries to Decor Indust - �i CIIAP 8. Approval - Airport Terminal Lease - Federal Express 9. Vacation - Anchor Easement - Kenai Peninsula Estates - 10. Approval - Change Order #4 - Airport Apron, Willow St. Extens. - $1,398 11. Disc. - Contract Retainage 12. Disc. -Combining P&Z and Landscape Rd. Site Plan Ordinance 13. Assign. of Lease - Zehrung to B&Z Ventures - Alyeaka S/D REPORTS a 1. City Manager 2. Attorney 3. Mayor ... 4. City Clerk _� 5. Finance Director 6. Planning & Zoning 7, Harbor Commission S. Recreation Commission 9. Library Commission - I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT 1.� L i` s i 4 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES DULY 16, 19B6, 7sOO PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROLL CALL Presents John Wise, Tom Wagoner, Sally Sallie, Joss Hell, ; Rey Measles, Chris Monfor Abeents Tom Ackerly (excused) '.i A-1 Agenda Approval a. Mayor Wagoner asked that Item 8-4 - Residents of Amen Rd, Kenaitze Tribal Center - be added A Mn!. wgnnno. PgbP/i that iinmR P-i. C-6. C-9 - Airoort i Way Widening - be for discussion only. Agenda approved as emended. A-2 Consent Agenda I - i NOT ION s ...... .. _.... r. Councilmen Measles moved, seconded by Councilwomen Sallie, •.,� to approve the Consent Agenda as submitted. Councilman Wise asked that item G-3 - Ord. 1155-86 - be deleted from the Consent Agenda. lj Motion passed by unanimous consent. s..,t:...... .._. ,...a Public Works Director Kornelia noted item G-5,Ord. 1157-86, ..: .... ry has an amendment distributed this date, and is on the Consent Agenda. y ,• B. PERSONS PRESENT SCHCOULED TO BE HEARD ''._.._.... ra: B-1 Representatives from Barabara Dr. - General Problems of Widening Streets e. Gordon Gifford, 1509 Berebera De., Kenai. He Is _ representing a majority of the property owners on Berebera Dr. The coed to 3/10 mile long, is a dead end it •. coed, is not an arterial or collector street, They 1 ; submitted a petition April 3, 1985, Victor Hatt spoke regarding why they did not went the road widened. Snow y removal, Bending and blade work are all that Is needed. f- Also, maintenance should be scheduled rather then residents having to cell the City. The road does not have flooding problems, it is usable all year with proper maintenance. It is 20-1/2 ft. wide at the ;j narrowest point. Two pick-ups would be 18 ft., there Is clearance for them to pass. They do not need it wider. Putting a "Not Through Street" sign at the .a. -:- entrance has helped the traffic problem. There to a problem at the mnil boxes, widening the street at that f point would alleviate that. Widening the whole street would take 9,000 to 12,000 aq. ft. of usable property. It to not morally right to do this. He suggested the F t, funds be used for river bank control or on streets {{ where it is needed and wanted. He asked that Berebera o 1`: Dr. be deleted from the list. b. Waldo Coylo, 1412 Berabare Dr., Kenai. He owns 1/2 of the land abutting Borobaro Dr. He urged Council to go A. ahead with the improvements. He and the neighbors i.._ built the rood many years ago, and maintained It for 10 years. He gave 1325 ft. easement on one B1do, and 350 ft. on the other side. The City requested the road be . ? B public coed. Mr. Nicholas and Mr. Knocketedt Sr. t .t M KENAI CITY COUNCIL DULY 16, 1966 Page 2 granted eoaemonto. Hie property stops at the "Ott L property, there is 60 ft. right of way with 000emento k •y to there. e. Cheater Cone, 1403 Borabers Dr., Kenai. Improvements ere necessary. He and the Coyloo will lose more right ' of way then anyone else. The road to not wide enough, _ there are no ditches. He hoped there would be a compromise. The rood could be narrowed or changed s0 ! 4 It would not injure anyone. She would d. Loretta Broaden, 1602 Barebere Dr., Kenai. like a compromise also. The improvements could and whwr.. fhn road narrows. The road wee built when the City was small and there woo no Borough. She met Wath j City Manager Brighton and Public Works Director G Kornelis. Mr. Kornells said there could not be e compromise because of City requirements. There to a well on the Hatt property that will leave them one ft. • from the drainage ditch, 3 to 5 ft. from a well at the •, Gifford property. She suggested an assessment district for water 6 sewer and paved streets. There is no o er { is place for a well on the Hatt and Gifford property. With an assessment district, everyone from the i connoting to Coyle property would benefit. The turnaround could be brought in further north. She has i a truck and has no problem driving down. She asked why this was going to be done when there are people begging I� for work to be done on their streets. e. Ruby Coyle, 1412 Barebara Dr., Kenai. They paid $75 to f� t the Highway Dept. for culvert, had the property surveyed so the road could be built. It took a month • for Mr. Coyle and the neighbors to build the road, they had to repair a truck to do the work. They got j permission from BLM and graveled to Knackatedt's „ garage. The Coylee maintained the coed till it was ' given to the City. They had to give a dedicated easement. She objects to the City sweeping and washing j other streets when here is not done. The road visa made • ; narrower by the City. There is no place to put snow on d the east aide. There has to be a turnaround at the and i of the street. When Ernie Knaekatedt had a fire, there - j were problems with •ye trucks. They need ditches, Council } culverts and up-gr with gravel. She hoped would consider how ....ch property is owned rather then 1 just the people. No one told the Coyles when Mr. Matt i came to Council. Councilman Wise asked if she would d, object if the road went to her property and made a 9 turnaround. Mrs. Coyle replied, that would not solve the problem, Mrs. Breeden could not oubdlvide without e turnaround. They have 250 ft. of property beyond that point they wish to develop. They gave 30 ft. easement on the road for maintenance, so they would construct r - - - -- - - - r and maintain a road. Mr. Nicholas and Mt. Knaekatedt for 30 ft. She does not went i granted an easement trucks turning around at her property. This to on the -- - - - ---------- ---- ---- -. - 7 �i priority list submitted to the State. ' i f. Movie Cone, 1403 Barebere Dr., Kenai. This is on the { capital improvements list and should be done. They t t never saw the petition either. The City ohould handle thin and Ovary property owner should have a chance to decide. Mayor Wagoner noted the Governor'a message t { thin date said the budget would be cut $250 Million, j there may not be any funds available. Mr. Gifford the-•t a■plained, the petition woo started lost year when f 3 n E residents noted the land being outveyed. Coylee were gone, Canon Mors contacted, a local teaidodt working on f I, the Slope wag contacted. Mayor Wagoner suggested the f • City contact all property owners that border 6arabets ;. Dr. when the City has a hooting. Councilwoman I •S: i' KENAI CITY COUNCIL DULY 16, 1966 Page 3 Bailin said she did not think Council had the right to do roads the people do not went improved. There are msny rondo in the City that need improvements. Councilman Wine suggested a compromise could be reached or the standards could be changed. Councilwoman Monfor suggested the road maintenance schedule could be improved even if we don't do any work. Public Works Director Karnalla noted the City does not maintain Angler, it hoe not boon accepted by the City. Mayor Wagoner said Council policy to to bring all roado up to standard. Councilman Measles noted we were maintaining some streets before they were up -graded. C.-oi ..-l-4 -f ♦hw time thov navA 11. nUUy LLyitl, �: . -p- the easement,ythe zoning ordinance required 60 ft. wide easements, but feeders could be 50 ft. This may help. City Manager Brighton reported the Governor's office has contacted him regarding the budget. They are taking $1 Billion off the budget= will cut 15% of all State departments. They will put a hold on all capital improvement funds appropriated in the lest session. They will take another look in October and make adjustments. That will mean a reduction of $150,0O0 in municipal assistance and revenue sharing in the City. The loss to the Borough will be more substantial, about $4-1/2 to $5 Million. 8-2 Bab Cowen, Old Town Committee - Report Mr. Cowan wee not present. B-3 Representatives from Kenaitze Ct. - Problems with Up -Grade a. Kathy Heua, 4540 Kenaitze Ct., Kenai. She distributed a letter regarding up -grade and improvements of Kenaitze Ct. Their main concern to the road is too high. It to higher than the property In the subdivision. The design of the road did not take int o consideration the level of the property. They thought they had discussed this at public hearing - they had 2 concerns, drainage and depth of ditches. The ditches are 4 ft. deep in some places. They talked to Public Works Director Kornelis, the dee►gn engineer and the contractors. They have had various answers. They have asked the City to re -do the driveways, but that is not the moat desirable solution. They would like to have the road lowered. b. Cliff Heue, 4540 Kenaitze Ct., Kenai. This work was started when he wee on vacation. They had stopped construction to discuss with the engineers and Public Worke Director Kornelie. if they put in curbs and gutters, the lots an the east side will have 4 ft. ditches. This is not right. Councilman Manatee sold the message did not get through to the engineer, future road projects would not have the road higher than ditches. He suggested the contractor make it right before he leaves. Council agreed to the suggestion. Councilman Menaloo added, the engineer should pay for it. Public Works Director Kornelie noted, work was not stopped. He hoe an agreement with all the property owners with the exception of Tom Ackerly. At the beginning of the project, he wrote a letter to them asking them to look at the proposal and the slope. When he got word from the property ownera, he called the design engineer. They had truckloads L i KENAI CITY COUNCIL JULY 16, 1986 Page 4 of gravel brought in. the engineer gave reasons for this - for proper drainage in the culverts, you need up to i ft., it was out to 9 in. Mr. Kornells distributed copy of the letter sent to homeowners. He continued, It to 3 ft. from ditch to top with the culvert. He would like to go In 27 ft. on driveways to grade. The City would top -soil and need on both aides. The alternative is to make the ditch deeper and lower the road. Councilman Measles said in some of the properties, the house is lower than the road, it will drain Into the house. Deep ditch on the property aide is better than deep ditch an the road side. Mayor Wagoner noted the people were happy with their roads before this started. If the engineer had Paid attention to instructions he would have called before he started. Councilman Wise suggested the people should have been notified if the design varied. MOTIONt Councilman Wise moved, seconded by Councilwoman Monfor, that Administration contact the engineer (OceanTech) and get a revised engineering design, to restore the road to its original elevation and meet drainage problem responsibility. Councilwoman Monfor asked Atty. Rogers to check if the City can get recourse from the attorney for the engineering. Motion passed unanimously by roll cell vote. B-4 Representatives from Ames Rd. - Keneitze Tribal Center a. Larry Weller, 350 Ames, Kenai. He had a petition from people on Ames Rd. and the nearby area, opposed to the Tribal Center on Ames Rd. It would be a disruption of the neighborhood, it is zoned residential, they are in violation of zoning h City laws. He asked how this decision was made. There Is a lot of traffic. On Tribal Registration day, it was very disruptive. It is a dusty street. There is game misinformation as to how it wee acquired. The Tribe claims sovereignty. He has received conflicting reports regarding the land trade. It belonged to Mrs. Linderman and was sold to the Keneitze Tribe. He questioned their right to come into the subdivision and carry on their wishes at will. He asked Council to act on behalf of the landowners to find out if they are doing the right thing. Councilwoman Monfor explained, the Tribal Center is Native Allotment land and the government has no regulations. It wee sold by BIA to the Keneitze tribe. It is out of City jurisdiction. there was 160 acre Native allotment, 5 acres in the City. Mrs. Linderman is Councilwoman Monfor's slater -in-law. She could not sell without permission of the BIA as it was Native Allotment lend. The new owner does not pre-empt the status. federal approval has been issued. Atty. Rogers noted Mr. Waller has a copy of the Code of federal regulations. Mr. Waller reviewed the Code regarding pre-emption of the land status. He added, he is concerned for the neighborhood. Councilmen Wise noted he requested a title search to see if CFR exemption can go with the sole. If it woe allotment land, the owner is exempt. Once the title paesea, exemption does not pass. the BIA has responsibility to provide how they foal allotment statue can pass from one party to another. Atty. Roqers sold he had distributed litigation report, he will obtain a title report for Council. b. cina Doi irate, 360 Amen, Kenai. He asked, what is Allotment Lands? Is this Native Settlement Act lands or are there other entitlements? Msyor Wagoner replied, Native Allotment is for thous over it Native. L - - A-- - - - L KENAI CITY COUNCIL DULY 16, 1986 Page 5 Councilwoman Nonfat added, there had to be same tie to the ground they claim. This bee nothing to do with sovereignty. Mr. Del Frate noted, they claim sovereignty. Councilwoman Monist said this has nothing to do with Native Claims Settlement. Mr. Del Frate added, Unocal has had no notification of the fact that a lot of their gravel has been taken out of the Unocal well pad behind the house. DEC known nothing about this also. Councilwoman Monfor said, if that to the name gravel pad as Cook Inlet Native area, they could have got permission from them. Mr. Del Frets said if they cannot do anything about this property, Council can petition the Socy. of Interior to make the City nrdlnanrpo anotirahle. Nevot Wagoner said he found it odd that City ordinances pertain to all but one group. He cannot imagine them being put in an adversarial role. We should not treat people differently. Councilmen Wine asked that the legalities of the CFR exemption be pursued. if it is a valid exemption, the Secy. of Interior should be contacted. Councilmen Measles asked how much lend falls under this within the City. Councilwomen Monfor replied, 160 acres, Kra. Linderman in the only one. Councilmen Wise noted there was some in Old Town. MOTIONS Councilmen Wien moved, seconded by Councilman Measles. to I aee what the statue is and see if they can be divested of that statue. Mayor Wagoner added, this would be for all lends in the City that come under Native Allotment. City Manager Brighton asked if that would take an act of Congress or does the Secy. of Interior has the right to make the rules. Mayor Wagoner requested Atty. Rogers find out. Atty. Rogers replied he will have a report at the Aug. 6 meeting. MOTION, Withdraws Councilmen Wine, with consent of second, withdrew his motion. C. Ruby Coyle, Kenai. Serge Peters' lend in Eagle Rock will come under this. C. PUBLIC HEARINGS C-1 Ord. 1149-86 - Landscaping Regulations MOTIONt Councilmen Hell moved, seconded by Councilwoman Bailin, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ord. 1152-96 - Increasing Rev/Appno - Federal Revenue Sharing - $374,093 MOTIONt Councilwomon Monfor moved, seconded by Councilmen Meoelos, to adopt the ordinance. There wan no public comment. r M 1 J, a 1 a KENAI CITY COUNCIL f DULY 16, 1986 Pogo 6 r Councilwoman Bailie referred to the memo distributed this a date regarding o memorial peek. Beautification Commllteo is i willing to work with the project. The $50,000 figure to from Ran Ksoprialn'a idea, his coot woo $500.000. The City could one the Idea. There are 3 schematic designs. They i could do some dirt work this fell and plant in the Spring. ; $20,000 woe appropriated for railroad ties In the Airport Way project, this will be 2-3 times as big. It will not be mounded, we would not relocate utilities, but they should be located. There will be some aldewalkn and a gazebo. Federal Revenue sharing could be a possibility. She asked that Dr. Hansen, Korelee Hansen and Pat Porter be in the Y II Y - prineL e, en ng trees endAsldewa^we wou d be the n mu . e would like a road concept also. The utilitiea could be screened. Councilwoman Bailie noted the FAA house is a problem. Councilwoman Monfor said they have money from the Airport Way project, she would rather it be put in this park. Councilwoman Beilie added, they will be coming to Council to have the railroad tie money re-establioned as it lapsed in last fiscal year. Rotary will do the work, it will need contouring. Finance Director Brown reported they have to appropriate $252,000 in addition to this money by November. MOTION, Amendments Councilwomen Rollie moved, seconded by Councilmen Measles, to amend the ordinance for $50,000 for design and construction of a memorial park. $4249093 will be the final figure. VOTE, Amendments Motion passed by unanimous consent. Councilman Wise said repair and maintenance do not belong on this. The money could be uood for Berabara Dr. or Kenaltze Ct. VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTION, Amendments Mayor Wagoner moved, seconded by Councilwoman Monfor, to amend the ordinance to set aside $165,000 of federal revenue sharing to cover proposed deletion of revenue shoring and municipal assistance at the State level. Mayor Wagoner explained, this could be set aside till we , hear from the Governor. We will know in 2 weeks. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion an Amended (Passed), Yee, Wagoner, Rollie. Hall, Meaning, Nonfat i Not Wise MAYOR WAGONER RESHMFD THE CHAIR. C-3 Ord. 115)-86 - Amending KMC - Innurance Requirements, f Contractora NOTIONt 1 Councilman Menulen moved, seconded by Councilwoman Battle, r D. to adopt the ordinance. i - «. KENAI CITY COUNCIL DULY 16, 1986 Pago 7 There wee no public comment. ' �,- -- - Motion passed unanimously by roll cell veto. C-4 Ord. 1154-86 - Amend. Ord. 972-84 - Change Redemption '+ Features - GO Banda MOTIONi ,. Councilman Hall moved, seconded by Councilwoman Monfor, to t adopt the ordinance. There was no public comment. _t{ Motion passed unanimously by roll call vote. C-5 Res. 86-66 - Award. Contract - Airport Way Widening 6 Landecaping, Project Management - Wince, Corthell, Bryson - $49 , 500 Public Works Director Kornelis noted item C-99 substitute 'i Rea. 86-69 was distributed this date, with the bid results. =r The lowest. bid was from Zubeck, it is higher then the •{ + engineer's estimate. We do not have sufficient funds to do the project. Item G-5, Ord. 1157-86 is the ordinance to do this. Wince, Corthell, Bryson explanation was distributed this date. Mayor Wagoner asked, whet does it do to the paving project? Mr. Kornelis replied, it makes it difficult. Airport Way will not all be paved. Councilman • - Wise suggested it be taken out of Federal Revenue Sharing. -; Mr. Kornelis noted attached to item G-59 substitute, { distributed this date, is an addition - we are anticipating 185 and 186 road grant moneys. We are short $200,000. Councilwoman Bailie asked, how much money did we put aside for Old Town? Answer - $150,000, None of it hoe been used. - Councilwoman Bailie suggested it be shifted to this project. ! C-2 Ord. 1152-86 (Contd.)s .. d _,- MOTION, Reconsideration (item C-2)s _. Councilman Measles moved, seconded by Councilwomen Bailie, A for reconsideration of Ord. 1152-86. ,- Motion passed by unanimous consent. _ MOTION, Amendments Councilmen Wise moved, seconded by Councilwoman Sallie, to amend the ordinance to add i202,000 in capital improvement construction on Airport Way. VOTE, Amendments {{t, Motion passed by unanimous connent. } Th re ublic comment. j ars W. p -4, VOTE, Main Motion an Amended: Motion passed unanimously by roll call vote. C-5 (Contd.)s I MOTIONS F Councilwomen Monfor moved, seconded by Councilwoman Bailie, to adopt the resolution. lu . KENAI CITY COUNCIL DULY 16, 1986 Page 8 There was no public comment. Motion passed by unanimous consent. C-6 Res. 86-67 - Tranef. of Funds - Inspection Contract - Airport Way Widening & Landscaping - Wince,Corthell,Bryaon- $12,500 MOTIONt Councilmen Measles moved, seconded by Councilman Hell, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Rea. 86-68 - Award. Contract, Flight Service Station Const.- Woodard Const. - $1,334,236 MOTION: Councilman Measles moved, seconded by Councilwomen Ballie, to adopt the resolution. PUBLIC COMMENT: a. Ernie Webb, Mace Inc., 6511 Arctic Spur, Anch. He distributed a letter from Meco'e attorneys. Ile reviewed the letter. The intent is to grant to the lowest responsible bidder. Woodard was non-reeponeive, his sub -contractor could not supply access floor as required. b. Architect Gintoli, Kenai. The successful bidder has not submitted any floor system. We do not know if it Is correct. Mayor Wagoner noted if it was not, it would have to come out of his pocket. Mr. Webb replied the floor contractor is G&3 Flooring. He asked them to review this, and if they would meet specs. They said no. Woodard was called and made aware the contractor did not meet space. He was hoping for an aluminum 9 floor after the bid. He did not bid floating floor included so it is moot to discuss what floor is submitted. If it is not a floating floor, it does not meet space. Mayor Wagoner sold we have no way of knowing if Woodard will supply this. Mr. Webb noted hq listed G&3 as his source. Mayor Wagoner replied, he can change this. Mr. Webb noted the bid space do not say "proposed sub -contractor." Public Works Director Kornelis explained, the bid proposal said proposed rub -contractor. they have not approved any - - - - --- - - -- sub-contractor. Councilmen Measles said if this is approved, Woodard, when contacted, should be made aware that the proposed oub-contractor cannot supply the ---- — - - — --- -.-- flooring. Arch. Gintoil explained, the only reason o they ask for a list of sub -contractors to to see if they have had any trouble with the City. There 10 r. nothing in the document that says they hove to use this. Mr. Kornalls added, we can make a point that this was discussed at public hearing. Councilman Measles said, It is the wording an the bid document, he to obligated to put in a special floor or back out. Arch. Gintali said he can submit o substitution. If ho - finds no one equal to this, Mr. Gintoli will approve. Councilman Measles sold the bid document :should Day that. Arch. Gintoli said, it does, in the space regarding comparison products. We cannot have a sole source. Mr. Kornello noted articles 09 d 010 dieouae a substitutions. Councilman Measles said he did not want o L ----..-. ..-. � 1 i.'. IIENAI CITY COUNCIL ij 1 DULY 16, 1966 + j; Page 9 .: a Change order coming in. Mr. Webb noted we are 11His bid in booed on the talkinq about 2 thinga. "only those motsriale listed." 2) floating ototement, Floors is the only supplier that can supply this. we do not know that it will be l '{ MSyor Wagoner explained, uoed. Councilman Wine suggested a letter be sent to a: Woodard Const. that the question her boon raised. Council agreed to the Suggestion. VOTEt Motion passed by unanimous consent. C-8 ppw• 86-70 - TrensP. of Funds, Flight Service Station �! Const. - $112,000 MOT ION t #i Councilwoman Monfor moved, seconded by Councilman Measles. l to adopt the resolution. l There was no public comment. -{ Motion passed by unanimous consent. n C-9 Res. 86-69 - Awarding Contract - Airport Way Widening 6 .' Landscaping MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. { There wee no public comment. {. • Motion passed by unanimous consent. } ` C-10 Rea. 86-71 - Supporting Landfill Permit Extension MOTIONt 7 4 Councilwomen MonPoe moved, seconded by Councilwoman Bailie, to adopt the resolution. - There was no public comment Motion passed by unanimous consent. C-11 Res. 86-72 - Allowing One Year Extension to Drilling Union Oil Permits - Cannery Loop 01 h /3, P -T ' MOTIONS - -- - - --- .--- - - 11 Nonro Councilman Measles moved, Seconded by Counc women rr n "'-_-- .--� to adopt the resolution. t- - ------------------------- } Theca was no public comment. { Motion passed by unanimous consent. }. D. MINUTES ` `- - 0-1 Regular Meeting, 7-2-86 Approved by Consent Agenda. { is {. E. CORRESPONDENCE .. a ? None = I KBNAI CITY COUNCIL JULY 16, 1986 Page 10 F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONt Councilman Measles moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion pasbcd by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION: Councilman Measles moved, seconded by Councilwomen Monfort to approve the requisitions as submitted. Councilwoman Bailie asked, what were the maintenance contracts for $2,168 and $3,915. Answer - IBM copier, Library typewriter and reader/printer. Motion passed by unanimous consent. G-3 Ord. 1155-86 - Amending Zoning Code MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wise said PfiZ had requested the ordinance be postponed. It was noted in the minutes that the request had t been withdrawn. Motion passed by unanimous consent. G-4 Ord. 1156-66 - Amending Senior Cit. Budget - $327#289 G-5 Ord. 1157-86 - increae. Rev/Appne - Capital Project funds - $844,000 G-6 Ord. 1158-86 - Amending Zoning Map - Baron Pk 5/0 ; Approved by Consent Agenda. G-7 Assign. of Lease - Inlet Indust. to Decor Indust. - CIIAP Atty. Rogers distributed a letter from tat federal Bank supporting the assignment from corporation to corporation. } He explained, the corporation to which they are assigning is represented as being in good standing. _- -- - -- -- - --- =- - MOTION: ! Councilman Measles moved, seconded by Councilwomen Bailie, to approve the assignment. R _ Motion passed by unanimous consent. G-8 Approval - Airport Terminal Lease - federal Express MOT ION: t ^ ........ Councilman Measles moved, seconded by Councilman Hall, to approve the loses with the stipulation 00 outlined by Airport Manager Ernst. KENAI CITY COUNCIL 3ULY 16, 1966 Page 11 PUBLIC COMMENTS R Dan Pitts, 403 N. Willow, He is opposed to leasing space In the terminal nal for air freight. He hoe a letter from the previous airport manager, Jim Swelley, to the Mayor setting up a policy of air freight as a separate operation from the terminal. Air freight companies tend to transport hazardous materials and they did not think it wee wise to have In the terminal. That was why he built the facility north of the terminal. He has not filled it yet. There is space near the airport where these people can operate - This may set a precedence for other freight agencies. It will make lose room for competing airlines that may . . . .. — . I le — — I — - I . 1 4 _ u IL LU "1110 LU RV1106. `UV lower rates to & from Kenai. Mayor Wagoner noted Council had established policy that only commuter airlines would be using the terminal, not freight. VOTE (Failed)t Notion failed unanimously by roll call veto. G-9 Vacation - Anchor Easement - Kenai Peninsula Estates 1Z MOTIONs Councilman Wigs movedq seconded by councilwoman Monforl that a statement of non -objection be sent for the vacation request. Motion passed by unanimous consent. G-10 Approval Change Order 84 - Airport Apron, Willow St. Extens. $1 398 MOTIONs Councilman Measles moved, seconded by Councilman Hall, to approve the change order. Notion passed by unanimous consent. G -11 Disc. - Contract Retainage MOTIONs by Councilman Measles, that Councilman Wise moved, seconded o the policy remain as is an contract retainage. Councilman Wigs geld he saw no reason for writing options. We can waive retainage when we see fit, based on recommendation from Administration. Mayor Wagoner said he did not want contractors coming to Council diacUs sing retainage. Councilman Wise noted they have always had that right. Architect Carman Gintoli. In architectural contracts, the City may reduce retainage. If Public Works Director Kornelia and he agrea does it have to go to Council? Atty. Rogers replied, yes, any time there is retainage. He added, he disagreed with arbitration, there could be a capricious 7v' decision with negotiations. it would tend to favor some contractors. It should be a recommendation of Administration and d decision of Council. VOTE (Follod)s veal Wise if Not Wagoner, 981110# "all, meagion, Honfor J...-�' 71 n rt it is jr jr } ,p U l' L *V"—_1 KENAI CITY COUNCIL DULY 16, 1986 Page 12 VICE MAYOR MEASLES ASSUMED THE CHAIR, 1401IONt Mayor Wagoner moved, seconded by Councilmen Hall, to direct Administration to set a new policy regarding retainage. Option 05 for all work other then construction of facility. Option 01 for construction of facility. Public Works Director Kornelis explained, facilities are presently under 039 road projects are under 02. In the peat we have paid Interest and retainage when the project Is romnlete. Option 05, we keep 10% till the project is 50% complete. At 50% we would have IU4 01 L11e juw Lill li.0 project is 95% complete, then it goes to 2%. At 100% complete, we keep 2% for 90 days after completion. This is Anchorage policy. He added, Public Works recommends 02 for roads and 03 for buildings. City Manager Brighton noted the reason for retainage is to protect the taxpayers for completion. Every contractor who bide knows the retainage. He did not see why it should be changed, the contractor knows the amount when he bids. Mayor Wagoner said if it coats the contractor more, he will charge more. Public Works Director Kornelis noted we have had the present policy for 9 years. Option 01 is the norm in the Lower 46, they do not pay interest. He added, we do not include seeding and top soil under substantial completion. He noted, with situations such as the Police station and Main St. Loop, if we did not have retainage we would have a problem. Councilmen Measles asked, why is it lower for buildings then roads? Mr. Kornella explained, on the buildings we are buying a lot of material from a lot of vendors, we have possession. With roads, we have fewer subcontractors and materials. This is better protection for the City. Councilman Measles noted, the big problem with a large retainage is when it is held over the winter. VOTE (failed): Yes: Wagoner, Beilie No: Wise, Hell, Measles, Monfor MAYOR WAGONER RESUMED THE CHAIR. MOTION: Councilwoman Monfor moved, seconded by Councilman Hall, for Option 02 for everything. Councilmen Measles noted this wee brought before Council because of contractors' concern regarding retainage. The motions made so far make it harder for contractors. MOTION, Withdrswt Councilwoman Monfor, with consent of second, withdrew her motion. Councilmen Measles asked if retainage policy was by ordinance. Answer - no. MOTION, Postponet Councilwoman Bailie moved, seconded by Councilwoman Honfor, to postpone action to Aug. 6 meeting and notify contractors. Councilwoman Monfor requested the discussion be placed near the beginning of the agenda. i s 't> L KENAI CITY COUNCIL DULY %, 1986 Page 13 Motion passed by unanimous consent. C-12 Disc. - Combining P&Z and Landscape Rd. Site Plan Ordinance Councilmen Hall reviewed the ordinance. The site plan would go to the building official, P&Z would just approve the type of business. PhZ did not want to handle landscaping. The Landscape Bd. thought this was better. He recommended we take the site plan to the Landscape Rd. The Site Plan ord. would be combined with the Landscape ord. Councilwoman Bailie asked if this would include all commercial construction In the city or just on City lend. Councilman Hall replied, everything in the Site Plan ord. would be in this, any commercial or industrial construction. They all have to have their landscaping approved now. He suggested It oe called a 41Lu Pit", u-i- wi-f eu..:. u. .. i:N^^• Bailie asked if they were deleting the kinds of building materials. Councilman Hell replied, this is not the final ord., the wording will be changed to "exterior." The Board would not have the power to change it, the building official will know when they get their permit. Also, the Landscape Bd. wants to change a quorum from 3 to 2, with 5 members. Council took no action. G-13 Assign. of Lease - Zehrung to B&Z Ventures - Alyeska S/0 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to approve the assignment. Councilman Wise explained, this is near the Kambe Theatre. Motion passed by unanimous consent. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. July 17 there will be a teleconference in Legiel. Info. office. He invited Council to attend and give recommendations. They will be discussing the State budget. b. He asked Council to review the memo from Admin. Aset. Howard regarding redetermination. C. Enetar is closing their Kenai office and moving to Ridgeway. d. U.S. fish 6 Wildlife has asked to trade their property on Overland for the river flats. He requested a work session to discuss this, the float plane begin and Thompson Pk. water 6 sewer. e. He received a matching grant from DEC for $562,100 for water 6 sewer for Thompson Pk. A freeze was put on funds on July 16. c.(contd) Mayor Wagoner said he thought Enetar had agreed with Council that they would not close this facility. Mr. Brighton noted Enetar wag purchased by Sao Gull. Atty. Rogers said there was representation and a contract arrangement that they would staff in Konai. Enforcement of the clause in view of the duration of the franchise would be futile. Their representations have not been honored. He and Mr. Brighton have contacted individuals regarding this, he did not advise pursuing acquisition of the facility. It is their prerogative to clogs at the end of the franchise. L - - -- ---- - -= ----- u 1 KENAI CITY COUNCIL DULY 16, 1986 Page 14 Mayor Wagoner asked for the bock -up regarding the recommendation and a letter to See Gull regarding representations made. H-2 Attorney Atty. Rogers spoke. a. Regarding Info 01. Redeterminations. He distributed cop lee of a letter to attorney representing Beluga Development. b. He will be absent for the Aug. 6 meeting. C. He noted item H-29 K. Cole lawsuit. He will be in Anchorage July it lu► LhdL. d. He has a number of briefs being filed regarding HEA relocate. He asked that any inquiries be directed to his office. e. He is litigating on the Ferguson lease. Both parties have appeals. This is renegotiation of lease rates. He noted the beck -up was on file in hie office. H-3 Mayor Mayor Wagoner spoke. a. He asked that Kevin Fenner, Borough Planner, be placed on the agenda for Aug. 6 meeting. He will be proposing alternatives to the Borough revised Comprehensive Plan to make it more acceptable to Kenai. b. He has had requests for an ordinance regarding vehicles left on City streets more then 24 hours. C. He requested an ordinance regarding impounding private property. There is a lot of trash around town. Also, the tow companies are hesitant to pick up without an ordinance. d. The storage yard for vehicle storage was to be screened, it has not been done. City Manager Brighton noted if that is enforced, all City lots will have to be screened. Mayor Wagoner said they should all be screened. H-4 City Clerk Clerk Whelan spoke. a. Nominating petitions are available at City Hail. Filing period is Aug. 1 through Aug. 15. Mayor and 2 Council seats are open. b. fhe new State election regulations are listed on item H-4. She noted the State is required to file with U.S. Atty. General Offices for pre -clearance on these items. C. Councilwoman Monfor noted duly 2 minutes, pegs 1, the vote on the election had the numbers reversed. H-5 Finance Director Finance Director Brown referred to item G-5, Ord. 1157-86. The ordinance was on the Consent Agenda and was approved as submitted. The substitute distributed this date was not discussed. This la agreeable with Administration, he wanted to confirm this with Council. Council agreed with the action. H-6 Planning 8 Zoning None � 1 � i I i A r i 3 -+- .-s-- ---_- -- - { •e Y 1 .i . t KENAI CITY COUNCIL DULY 16. 1966 page 15 M-7 Harbor Commission None H-B Recreation Commission Recreation Director McGilllvrsy spoke. 9. The Arco Joaee Owens games were held in Anchorage. 2 boys will go to Los Angeles. He hoe been asked to .,company them. Council agreed to authorize the trip. b. He woo glad to see the rain. C. They will be having a 32 team softball tournament this n.:cl: end, the inrrloo in Alaska. d. ballafields)belTheysarenalsotworkingeaL an the+Little for League field. H-9 Library Commission Librarian DeForeet reported the summer reading program is over. 150 children. over 2000 books read. there will be e party 7-18-86. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 6. Councilman Wise. He asked for a report from police Administration on the proposed volunteer program. Mayor Wagoner said he thought it was fire dept. only. Ha would not be in favor of volunteer police- He suggested it be discussed at the next work session. b. Councilwoman Monfor. She asked that the holes on Rogers Rd. be fixed. Public Works Director Kornelis replied they will be put out on contract. Also, there are more on 1st 6 Birch. C. Councilwoman Monfor. She asked about the widening of Main St. 8 Spur. Public Works Director Karnali$ said he would report at the Aug. 6 meeting. d. Councilwoman Monfor. She commended the Fire Dept. and the Police Dept. A little girl was hit (inraffic accident) recently and they responded very feet - a. Councilwoman Bailie. The Council on Aging to applying for a Fred Meyer grant for an 8 hour day athe Forget -Me -Not Center. There are 8-10 peopley with a waiting list. f- using ithempl ntan lteat site for atle. Mae FAA ecompertpark? rCityding Manager Brighton replied. the Cooperative Extt. Service mawant to continue use for at least 2 years Coyuncilwoman Monfor asked if we had a time limit. Mayor Wagoner replied, it was for 10 years. He epowith to the director and explained waitingCity one month, if woo unhap their actions- He suggested nothing is done. Tell thedmMtheGerncome- ettnot saidlhe could Councilwomen Belli. note e. accommodate 33 compero there. had a mooting - - - -- — --- — g. Bob Cowen. Old Town Comm►ttee- They 7-8-86 with Phi and Landscape Rd. Amendments to the Old Town Ord. more OecOptod. they oleo concurred with ! putting the Site Plan Ord. with the Londscapo 8d. He noted Mr. Gintolt had an amendment regarding the prseance of modern architocture- The committeO to not Opposed to modern architecture. but they want to keep would al function. clato use inithe nordinance. 148yoryWagonerlike saidtMr- e ! Gintoll had said he would put something In writing- ` _i Mr. Cowan noted they would like some of the $1.1 ' Million a stop signdto draw traffic s. He 0190 linlike and eefotyfic light y 1 + _ a c� — �ss Q �1jj S 1y rf 1 t { 1 � � .1 r f F , KCNAI CITY COUNCIL JULV 16, 1986 Page 16 factoro. A road plan io being worked on. There Problem with the Ruenion Church nreo, they do nol It paved. The committee feolo paving in importar HEA to coming in with a new 2 year plan. The con to coordinating with thooe plane. They are preps lint of Old Town prioritiea. He added, the obuo: area by Johrig'a house will be gone noon, he ougc a new view alto be selected. IV. Council agreed to have a work session July 22 at PM. ADJOURNMENT: Meeting adjourned at 11s40 PM. Janet Whelan City Clerk . . - A ---- L P ' �y1 a � 1 a l } TELEPHONE Oak /04 MUMOPAI WAY, SUITE'101 %{UNEAU, (907) S86.1325 ALASKA 99801 3 ; July 14, 1986 Tom Wagoner, Mayor w Y^f u = and the City Council `9c, - City of Kenai ,E�?1 1C-Y '.{ 210 Fidalgo Kenai, Alaska 99611 }.. a { Dear Mayor and Council: On behalf of the Alaska Municipal League and specifically the members of j ` the AML Legislative Steering Committee and staff, thank you and your staff l very much for hosting the June 26-27, 1986, meeting in Kenai. As a result ' of the invitation by City Manager and Legislative Committee member Bill 1 Brighton, the Committee met in your wonderful city. Thanks to wonderful , facilities provided by the City and the Kenai community, the assistance of your City Clerk Janet Whelan, and the hospitality of the reception hosted �i _..' by the Kenai and Soldotna City Councils, Lhu meeting was both productive ` and enjoyable. The documented result of the meeting in Kenai is a draft 1987 Policy '=. z Statement which will a presented to the AML Board of Directors at their 4„ meeting in Kodiak. August 15-26, 1986. . Upon their review, possible amendment and eventual approval, the 1987 Draft Policy Statement will be ' the basis of the policy discussions at the 36th Annual Local Government ' Conference in Juneau, November 12-15, 1986. The other benefit of the meeting in your community was the opportunity to see another of our member _ municipalities and another part of our beautiful Stater both a first at ! least for me. 1 . Again, thank you very much for your hospitality. Sincerely, Scott A. Burgess Executive Director 'y MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES L f7 r i BILL SHEFFIEL, i DEPARTMENT OF REVENUE P.O. BOX s JUNEAU. ALASKA 90811.OW OFFICE OF THE COMMISSIONER PHONE: (807)188.2300 June 23, 1986 1-1-; ;-. Tom Wagoner, Mayor ���1°�cKt�,`,�?vL City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Wagoner: The operating and loans budget bill for fiscal year 1986 (FY86), CCSHB 500, contains no specific appropriation for fisheries tax sharing. However, there should be no fiscal effect on those communities which are entitled to fisheries tax sharing. For years the Department of Revenue has followed the course of distributing revenues at the beginning of the fiscal year following the fiscal year of appropriation. The reason for this approach is that the tax returns, adjustments, and refunds are processed by the Department of Revenue through June 30 of the fiscal yea! of appropriation. Hence, the FY86 appropriation will be disbursed to the appropriate communities under Alaska Statute 43.75 on approximately July 15, 1986, which is actually FY87. The Legislature has simply amended the program's funding approach. The Legislative intent language (page 20, line 5-10, of the budget bill) states IT IS NOT THE INTENTION OF THE LEGISLATURE TO TERMINATE THE FISH TAX SHARED REVENUE PROGRAM. RATHER, IT IS THE INTENTION OF THE LEGISLATURE TO CHANGE THE FUNDING CYCLE OF THE SHARED TAX FROM FORWARD FUNDING TO CURRENT REVENUES AND IT WILL APPEAR AS SUCH j i IN THE FY 88 OPERATION BUDGET. In short, the intent is that the FY66 appropriation wilt be shared on _+ or about July 15, 1986, and the FY88 appropriation will be shared on or about July is, 1987, and so on. On the assumption that an appropriation - -- - ---- _--- — for FY88 is approved by the next legislature, there will be g_o, i interruption in the annual payments made to the appropriate communities. n I hope that this letter answers your concerns about the 1986 and 1987 fisheries tax sharing. If you do have questions, please do not hesitate i rot i IN THE FY 88 OPERATION BUDGET. In short, the intent is that the FY66 appropriation wilt be shared on _+ or about July 15, 1986, and the FY88 appropriation will be shared on or about July is, 1987, and so on. On the assumption that an appropriation - -- - ---- _--- — for FY88 is approved by the next legislature, there will be g_o, i interruption in the annual payments made to the appropriate communities. n I hope that this letter answers your concerns about the 1986 and 1987 fisheries tax sharing. If you do have questions, please do not hesitate i rot { I` • ry I I Tom Wagoner June 23. 1986 i p Page 2 to contact Mr. Ervin S. Jones. oirector. Administrative Services P. 0. Box SA. Juneau. AK 99811 (phone 465-2313). r t S ncerely. {44 ary A411 r ale Commiser of Revenue �E MAN:EBJ:Mll j. 3. :I r t {� Kenai Chamber of Conuneree E' _ Box 491 t 1 Kenai, Alaska 99611 (907) 283-7989 , t July 31, 1986 Honorable Mayor and City Council`l��i;�`�ti,��� { City of Kenai s, 210 Fidalgo Street Kenai, Alaska 99611 - Dear Mayor Wagoner and Members of Councils a. The Kenai Chamber of Commerce, through its Visitor 6 Resident Information Center. has been made aware of several projects that would further enhance our community and provide additional attractions that could be enjoyed by residents and visitors alike. - Two items have continually been brought to our attention -- one being a ' recreation boat launch ramp -spectator viewing area along the banks of the - - ' Kenai River and the other being boardwalks and viewing areas sited at the Kenai River Bridge in the river flats area. Both of these projects. we believe, could benefit many for minimal costs. 1 The Chamber Board of Directors has recently appointed a special task force, ,,✓ including Fred Braun, Walt Craycroft and Cheryl Suttes►r to review the poesi- ' bility of these projects and work in conjunction with the Kenai City Council P" and City Adm1nistration,_LL.N_ou_LLbe our desire to meet with the members of Council in an informal work session. at your convenience, to further discuss ' 4 and present our proposa . Please advise our office if such a meeting might be acceptable to the members of Council and, if so, a date and time. �': Thank you for your consideration. i i f F- / n MEMORANDUM a TOt William J. Brighton, City Manager FROMt Keith Kornelis, Public Works Director DATE: July 110 1986 SUBJECT: RETAINAGE OPTIONS OPTION 01 - See G2 and F3 Retainage = 10o withheld until 30 days after 100u complete. OPTION 02 - See A2 Retainage = 10o until substantial complete It = 5% from substantial complete until 100% complete OPTION #3 - See B5 Retainage = 10% until project is substantial complete = 20 from substantial complete until 100% complete OPTION 04 - See A4 and A6 Retainage = 10% until project 75% complete = 5% project 75% - 95% complete = 2% project 95% complete until not less then 90 days after 100% complete OPTION 05 - See D2 and D4 Retainage = 10% until project is 50% complete Retain 10% of 500 of the project until 95% of work complete = 2% of total earnings from (95% complete until not less than 90 days after 100% complete OPTION #6 - See E2, E4, and E5 i Retainage = 10% until project 100% complete-- + Sliding Scale - Project close out cost not paid until 1O0% complete i -- ---- ------------ + Sliding Scale - Warranty costs withheld for 1 year _ 1 after 100% complete 1 -1 There are an unlimited number of options that can be drawn up. I I _� suggest we stay with Option 1/2. Whatever is done we should be consistent and not have an option to treat one contractor different i - from another. In other words, we should not have an option that _ L if a contractor is doing a good job, lie in local, he in ahead of schedule, or whatever, we would treat him differently than another contractor. We should keep everything the some for everyone. The following is attached: 1. The Alaska State Status on Public Construction Contracts 2. Charles Brown memo of July 7, 1986, concerning interest on Retainaqe 3. Kornelial memo of June 27, 1986, concerning retainage. KK/sw A I/ - a tl �i i CITY OF KENAI ,.©d eat 4 4",. Z10 ROALGO KENA1, ALASKA 00611 TELEPHONE 283.7535 July 22, 1986 To: Doyle Construction Company Zubeck Construction Company Quality Asphalt Paving Woodard Construction Unlimited Central Alaska Construction Wince-Corthell-Bryson Mike Tauriainen Wm. J. Nelson McLane & Associates OceanTech Carmen Gintoli SUBJECT: CITY OF KENAI - RETAINAGE ON PROJECTS Gentlemen: The Council of the City of Kenai plans on having a discussion on how the City will be handling retainage for future projects at the Council meeting of August b, 1986. All Council meetings are open to the public. Please feel welcome to attend. Sincereelyy, Keith Kornelis, Director Public Works Department 11 4 i 36.25.025 of their recov- �' 'tractor, or as :ontractor but iid into court. furnished to erage of bond i ier nonpublic 1 ract.128 ALR .4* ]m contractor r . punt paid or third person, ions for labor ntractor. 134 i as estopping r recovering :2d 1104. m surety on i and unpaid percentage d 899. furnished work or - and of -VS suo act to iicipality, •ntractors !8timated 4 ding the its prin. contract receding within a contract -ountant j las a net tract for icipates which a ntractor 4 36.90.001 Pus1.3C COIVMCTS § 36.90.001 i Cross references. — An to limitation of Collateral references. — Right of home rule power regarding municipal municipal corporation to meover back exemption on contractor bond require• from contractor payments made under ' ments, see AS 29.13.100(38). As to require- contract violating competitive bidding ment that a municipality use ordinances statute. 33 AlMd 397. , to exempt contractors from compliance Liability of municipality on quasi ' with general requirements relating to cer• contract for value of property or work tain bonds, see AS 29.48.130(aM12). furnished without compliance with Editor's notes. — This section was bidding requirements. 33 ALR3d 1164. reoraitea by the revisor of statutes to Municipal property as subject to remove personal pronouns in conformity mechanic's lien. 51 ALR3d 657. with AS 01.05.031(c) and 14. Chapter 58, SLA 1982. Chapter 90. Miscellaneous Provisions. i Section i 01. Public construction contract payments E t Sec. 36.90.001. Public construction contract payments. (a) The state shall initiate procedures to pay the contractor under a public construction or public work contract within 16 days after the contractor submits to the state a bill for materials provided or services performed and a sworn statement that all employees employed on the project by the contractor and all subcontractors have been paid not less than the established prevailing rate of pay as determined and published by the Department of Labor. (b) If the state fails to make a payment due the contractor under this section within 30 days after receiving a contractor's billing, the state shall pay interest to the contractor under AS 46.46.010(a) on the amount due. (c) The state or a political subdivision of the state is liable to a contractor registered under AS 08.18 for interest at the rate provided in AS 46.46.010(a) on retainage on a contract for public works or public construction. Interest on retainage accrues from the date of approval of a pay estimate until the date of payment to the contractor. A contract provision purporting to waive the interest provisions of this subsection ®� is void as contrary to public policy. (d) A political subdivision that has a population of 500 or less is exempt from the payment of interest provided in (c) of this section. (e) A political subdivision that receives a state grant for a public j construction or public works project may use money from the state i grant to pay the interest on retainage under contracts for the project as required by (c) of this section. 0 1 ch 85 SLA 1982) l is notes. — Section 3, ch. 86. SLA apply to contracts entered into after tK� - ' I - wides: "The provisions of this Act effective date of this Act (July 1. 19821." " 19 6 36.95.010 ALASKA STATUTES 4 36.95.010 Chapter 95. General Provisions. Section 10. Definiticas Set:. 88.93.010. Definitions. In this title unless the context requires otherwise. (1) "contractor" means the contractor including subcontractors per- forming work necessary to facilitate public construction; (2) "laborer, mechanic, or field surveyor" means a person who engages in work which is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, which basically consists of the shaping and working of materials into some type of structure, machine or other object: or who-ngPgpa in ,,,,r,i„nr tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of any part of the earth's surface, by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion of country; (3) "public construction" or "public works" means the on -site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating of buildings, highways or other Improvements to real property under contract for the state, a political subdivision of the state, or a regional school board with respect to an educational facility under AS 14.08.161; (4) "qualified" means a person who, except for apprentices, is a jour- neyman mechanic in that person's particular trade; (6) "resident" means a person who maintains a domicile in the state; domicile is the true and permanent home of a person from which that person has no present intention of removing and to which that person intends to return whenever away from that home; (6) "state or a political subdivision of the state" means any state department, state agency, state university, borough, city, village, school district or other state subdivision; (7) "wages" includes fringe benefits; f(8) "retainage" means money withheld from a contractor until com- pletion of a contract or satisfaction of other contingency as evidenced billy approval of the applicable pay estimate. (§ 16 ch 142 SLA 1972; am 3 ch 89 SLA 1976; am # 16 ch 14 SLA 1978; am # 2 ch 85 SLA 1982) Effect of amendments. — The 1978 The 1982 amendment. effective July 1, amendment, in paragraph i3► deleted "or" following "for the state" and added "or a 1982. substituted "this title" for "AS 36.05 — 36.26" in the introductory language and regional school board with respect to an educational fadlity under AS 14.08.161" added the definition of"retainago"inpara- graph is). to the and. 20 L f 36.95.. Ol 0 Editor's 1982, prov to this sect IntoaRert. 1, 19821. This sect of statutes conformity chapter a>• AppppUad 14, 119771, rev 67 L. Ed. 2 comders 2d. Public V 66 Am. Contracts.; ! 72 U.s. N 1-61. wereoct materials. t aeceptanes i. ALR2d 917 Right of c bids for pub. 469. Determin. contract v requiring pt ezceeding s lowest biddc Amount o services es t. contract or AL112d 198. "Changed works or i� structfon an Effect of s Chi U 1, i ua seedon ' 10. Appheat . 20. Professi, inter 30. SoUcitat 86. Standar, contra . � 1 4i iiiS (i ' , , i� t� r ' , 6 r„ %.45.010 ALA`tKA S'rA'rUTV21_.% § 45.45.010 Sec. 41,41,111 Legal rate of interest. (a) The rate of interest in the state is 10.5 percent a year and no more on money after it is due except as provided in (b) of this section. (b) No interest may he charged by express agreement of the parties in a contract or loan commitment dated after June 4, 1976 which is more than five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District that prevailed on the 26th day of the month preceding the commencement of the calendar quarter during which the contract or loan commitment is made. A contractor loan commitment in which the principal amount exceeds $100,000 is exempt from the limitation of this subsection. (c) Repealed by # 3 ch 84 SLA 1973. (d) Notice of the annual rate charged member banks for advances by the 12th Federal Reserve District prevailing on the 25th day of the month preceding the commencement of each calendar quarter required fnr t4 a tra::fmu,:, irt:.icaL &ale cumputation under (b) of this section shall be provided by the Department of Commerce and Economic Development. (e) Repealed by $ 4 ch 146 SLA 1974. (f) No bank, savings and loan institution, pension fund, insurance company or mortgage company may require or accept any per cent of ownership or profits above its interest rate. (g) Loan contracts and commitments covering one- to four -family dwellings may be prepaid without penalty, except federally insured loans that require a prepayment penalty. (h) If the limitations on interest rates provided for in this section are inconsistent with the provisions of any other statute covering maximum interest, service charges or discount rates then the provisions of the other statute prevail. Q 25.1-1 ACLA 1949; am # 20 ch 143 SLA 1968; am § 2 ch 69 SLA 1969; am H 1, 2 ch 94 SLA 1969; am H 1, 2 ch 239 SLA 1970; am 0 1 — 3 ch 84 SLA 1973; am H 1 — 4 ch 146 SLA 1974; am $ 1 ch 110 SLA 1976; am 4 1 ch 159 SLA 1976; am 4 2 ch 107 SLA 1980) references. — As to rate of and Power Resource ns. we interests under Alaska Small Loans Act, 88 030(e). As to tourism oloaris, see A�3 see AS 06.20. As to premium finance act, 45.90.0301c). As to small business loans, see AS 06.40.120. As to credit union loans, see AS 45.95.020. As to historic district see AS 08.45.060. As to judgments, see AS loans, see AS 45.98.040141. 09.30.070. As to commercial fishing loans. Effect of amendments. — The Drat we AS 16.10.320(a). As to housing 1976 amendment substituted "live development revolving loan fund, we AS percentage points" for "four percentage 18.64.060. As to Alaska housing finance. Pointe" in the first sentence of subsection see AS 18.56.098. As to insurance policy (b). loans, see AS 2t.45.080. As to veterans' The second 1976 amendment rewrote loans, see AS 26-15.040. As to residential subsection fat. care facility loans, see AS 44.33.3601b). As The 1980 amendment substituted "10.5" to temperate social activities facilities for "eight" near the beginning of loans, see AS 44.47.3401e1. As to retail subsection (a), and deleted the former installment sales, see AS 45.10.120. As to second sentence of subsection - ...►1_. collection of advance interest, see AS read: "The rate of interest in 46.45.080. As to Alternative Technology six per cent a year and no r 220 W C O ;i ._- . 45.45.010 4 no more -tion. to parties which is charged ' trict that 1 mcement imitmenL • l amount i' xtion. :.. �, •ancesby ;. ty of the required s section •conomic ,} , -1 tsurance y r cent of t .f rfamily insured 1 :tion are :overing ten the ,. sm § 20 .A 1969; 1m �� 1 - 59 SLA t sea AS - - -- -" -- --:� we AS p..:.. . _ . -es loans, c district 1 rho first is d five reentage t ibsection rewrote former 1. which state is d eon41) 1 § 45,45.010 THAW AND CublMENCF § 45.45.010 stoney received to the use of another and 619 1File Nos. 1117, 11241, 470 P 2d 266 retained beyond a reasonable time without (19701. the owner's express or implied consent; (21 Whenever any cove of action accrues. money due upon the settlement of matured the amount later ad)udicated as damages accounts from the day the balance is in immediately "due" in the sense of AS ascertained; orf3) money due or to become 09.50.280 and subsection 1a► of this due when them is n rontrart to nny o" #— All .1"..,.:— •tip;• .. � � - interest and no rate is specified." liquidated or unliquidated. pecuniary or Editor's note. — Section 4, ch, 107, nonpecuniury, should carry interest from SLA 1980 provides in part: 'The interest the time the cause of action accrues, unless rate provided in sec. 2 of this Act applies for some reason peculiar to an individual only to cases illed after the effective date of case such an award of interest would do an this Act [July 1, 19801." injustice. This construction is in accord Section 5, ch. 107. SLA 1980 provides: with the legislative intent manifested in "This Act does not amend Rule 68 of the its 1963 amendment to AS 09.50 280. Alaska Rules of Civil Procedure." State v. Phillips, Sup. Ct. Op. No. 619 tFile Legislative history reports. — For Nos. 1117, 11241, 470 P.2d 26611970). report on ch. 143, SLA 1968 (HB 7071, see Whenever any cause of action accrues, House Journal (1968). p. 836. For report on the amount later adjudicated as damages ch. 69, SLA 1969 iHCSCSSB 136), see is immediately "due" in the sense of AS 1969 House Journal. p. 809. For report on 09.60.280 and subsection tat of this ch. 84, SLA 1973 tFCCS HCSSB 371, we section. National Bank v. J.B.L. & K of 1973 Senate Journal Supplement. No. 16, Alas., Inc., Sup. Ct. Op. No. 12391File No. P. 1. 22891, 546 P 2d 5791197,61 This section is not a law prescribing Money becomes "due" within the Interest on anything. State v. American meaning of subsection tat of this section Can Co., Sup. Ct. Op. No. 411File No. 76), when the cause of action accrues. Gun v. 362 P.2d 111 (19611, Ha, Sup. Ct. Op, No.11111 Wile No, 37121, rIt simply fixes a maximum Ilmit on 691 P.2d 1281 t 1979i. i, the rate that may be charged en certain When insurer's obligation to pay State v. American Can Co., post -judgment interest "due". — Since Linstances. Sup. Ct. Op. No. 41(File No. 75), 362 P.2d until a valid judgment to rendered against 291• the insured or a settlement agreement is It applies to balances due on entered into, the insured is not liable to emporate subscriptions. Mountain pay damages to the injured party, the sum Timber Co. v. Case (Ore.1, 133 P. 92, that the insurance company may construing the Oregon statute. eventually pay on behalf of the insured. 1976 amendment not retroactive. — including post -judgment interest, is not The amendment raising the interest rate "due' at the time of the injury. but rather on money "due" to eight per cent (now 10.5 at the time of settlement or judgment. per cent) is not to be applied retroactively. Guin v. Ha, Sup. Ct. Op. No 1810 t! iue No. City of Juneau v. Commercial Union Ins. 37421, 591 P.2d 1281119791. Co., Sup. Ct. Op. No. 19064File Nos. 4040. Although an agreement between the 40411, 598 P.2d 95711979►. insurer and the insured does not obligate For the period prior to the effective date the insurer to pay interest accruing tiller of the 1976 amendment to this section, a entry of judgment• an obligation to pity claimant is entitled to recover interest on post -judgment interest would orese tin the judgment at the rate of only six per behalf of the insurer when judgment to cent per annum and a court's award of rendered against the insured or a interest for that period of eight per cent is settlement agreement is ftnalited, since excessive. Drickersen v. Dnckersen, Sup. upon the accurrenty tit' either event, the Ct. Op. No. 19921File No. 41331.604 P.1d insurer would become obligated to make 1082119791. payment under its liability agreement. "Due". — Since AS 09.50.280 and and the insurer's obligation could former subsection iaxl► isee now first therefore become "due' within the sentence in subsection tat, as amended) of meaning of subsection tut of this section. this section delimit time periods during 'thus, the insurer would be responsible for which interest runs in the some words, interest acenting after the date of entry of they are in part moteria, so "due" should judgment or settlement Guin v. No. Sup. receive the some construction in both Ct. Op. No. 18101 File No. 37421. 591 P.2d statutes. State v. Phillips, Sup. Ct. Op. No. 1981 419791. 221 a J 45.45.020 At ASKA STAn+TPH § 45.45.020 �997' Am. .� Ct' PtN Pitts Nos 1938.1965� 618 Jur. and ALK references. - 30 P.2d 763 a 19741. Am Jur., Interert. t 1 et seq.; 55 Am. Jur., Cited I"llerner v. Lorentzen. 3 Alaska Caur►, t 1 et seq. 275'19071;;Grantv.Pilgrim.9Alaska241, islnof 53 95 F.2d 562'9th Cir.19381. Northern Com. Co. v. Lindblom.162 F.250191hCir 190to. Aand 43.6 fury 2aleI.R 797; 823 t0 51ALIt 77957. 53 Al.k 743, 63 Al.tt Washington -Alaska Bank V. Stewart. 184 F. 673'9lh Cir. 1911,. See. 45,45.020. Higher rate of Interest prohibited. No person may, directly or indiIn mon rec fyy. riwe1ve ey, �Oods; ur tTiF"ngs in action, or in any other manner, a reater sum or value for the loan or use of money. or upon contract founded upon a bargain, sale, or loan of wares. + merchandise, goods, chattels, lands, and tenements, than is prescribed ,� in AS 45.45.010 - 45.45.070, 1§ 25-1-2 ACI.A 19491 .:ur";11"u"D inciueling "sale" in usury lea's. - Alaska,, Iowa and the statute; and 141 an intention to violate the Virgin Islands are the only United States jurisdictions in which the usury prohibition. Fiken vFi . rst Fed. Suv. & Loan AsR n, Sup. Ct. Op. No. 1131 (File usury laws include the word "sale." McGalliard v. Liberty Leasing Co. of Alaska, Inc.. No. 2011 t. 533 P.2d 251 ,1975t. A third -party loan cloaked in the Sup. CL Op. No. 1138'File No. 20031. 534 P.2d 528119731. form of a lease is within the purview of the usury laws. McGulliard v. Liberty What is deemed usury. - As a general Leasing Co. of Alaska, Inc., Sup. Ct. Op. No. 1138 ( File No. 20031. 534 P.2d 528 rule any benefit or advantage exacted by 419751. the lender from the borrower, whatever be its name or form, which, added to the Factors in determining whether usurious loan involved. - In interest taken or reserved. would yield to determining whether a purported lease the lender a greater profit upon his loan than is allowed by law, is deemed usury. or rule arrangement involves a usurious loan, several indicia are frequently Fidelity Sec. Corp. v. Brugman (Ore. i, I P.2d relied on by the courts. These include, but are not t31, construing similar Oregon limited to, the following: (it intention of Statute. any of the parties to create a loan or Requisites for the presence of usuryextension of credit; (2) discussion between are 41-matter must unlawful are (11 an unlawful intent; (2► te money or t2l the the vendor and vendee of financing Possibilities or efforts by the vendee to equivalent; 131 a loan or forbearance; 141 the sum loaned must be absolutely, not seek financing elsewhere; ( a vendor a of a close relationship between a vendor and Contingently, repayable; and 151 there financier; 141 proof of normal business s must be an exaction for the use of the loan practice to assign paper shortly alter a a of something an excess of what is site by law. Lorber v. Marshall ,Ore.1. 264 P. transaction isconsummated;151 relationof the price the vendor receives for his paper 438. construing similar Oregon statute. end has cash selling price; and (61 computation One of the requisite elements of a usurious of the excise ,a in a manner in which loan • Contract is a corruptcharges take more than the legal ratof inter to interest interest is usually computed. McGalliard v. for the sum loaned. Fidelity Sec. Co v. Brugmim aOre.1. 1 P.2d 131. Liberty Leasing Co. of Alaska. Inc.. Sup. Ct. Op. No. 1138 (File No. 2003).634 P.2d constrruin similar Oregon statute. g The essential elements of usury(11 are: 628 (19751. In In its efforts to determine whether a an agreement to lend money or its equivalent of to forbear lease or sale arrangement involves a usurious loan, the trial court requiring Payment for a borrower's obligation a pelt i d of time; (21 a must look to the essential relationship of the parties and the substance of the transaction, not not upon some contingency; for making the (3 I�n greater rather than to one isolated aspect of the transaction. McGalliard v. agreeing to forbear than allowed by the applicable state constitution Lt. 0qy Ct.0. Leasing Co. of Alaska, Inc.. Sup. 1138 Wife No. 2003►, 534 P.2d or u 1 751. 224 .9 L L !111111., 45.45.0 Tra sell eectilet 11871►. Arbltratii ' interest on I retainage a where the c Provided tha Paid would b Sec. 45. usurious 45.45.010 may, by a. from the interest re + This seed• statutes of T Alaska 2731 This seed' article 31o6 Texas of 188. 175 (1903). Section pi relleL - Th, section is the relief provide { Wanner. 3 Al Action mu Years of last party ha i this ?i i1 two yews of l Metcalf v. Be (File No. 133• When 11 collected % - have been "re of what me% collected" uni giving credit ! received more lawful inters Alaska 27511 Sec. 45.i interest. U that a rat authorized in money. E Of money. p to be made indirectly, I which is to r r i p L a r I I r 4 44.62.460 ADVANCE ANNOTATIONS # 45.45.010 Sec. 44.62.460. Evidence rules. NOTES TO DECISIONS """Mil C."nNuuaauuo waduwn. Whaley V. Alaska Workers' hearings need not be conducted according Compensation Bd., Sup. Ct. Op. No. 2533 to technical rules of evidence and hearsay (File No. 5701), 648 P.2d 955 119821. evidence may be used in board hearings. Language of subsection idl of this sec- Whaley v. Alaska Workers' Compensation tion gives board discretion to exclude Bd., Sup. Ct. Op. No. 2533 (File No. 5701►. hearsay evidence where it appears 648 P2d 955 11982). untrustworthy. Whaley v. Alaska Board was authorized to exclude Workers' Compensation Bd.. Sup. Ct. Op. untrustworthy testimony by claimant No. 2533 (File No. 5701i. 648 P.2d 955 regarding discussion with physician can- (1982). ceraing cause and extent of his medical Sec. 44-62.560. Judicial review NOTES TO DECISIONS isters of Providence in & Social Servo.. Sup. Ct. Op. No. 2536 ( File v. Department of Health No. 6156). 648 P.2d 970 41982t. e 45. Trade and Commerce. Chapter 45. Trade Practices. Article 1. Interest. 010. Legal rate of interest. t NOTES TO DECISIONS f variable interest rate by apphno•ion of the varinhle interest rate tsion in note for "interest is it pnssd ' • to ascertain the highest legal at the j1,irsh&U;nwfj,_ rate of interest. Riley v. Northern Cum. wflicient to constitute an Co., Sup. Ct. Op. No. 2534 Mle No. 57544 agreement setting inter. 648 P.2d 961 11982►. — - - - - -- te sanctioned by applies. Note provision calling for "highest interest rate formula. lawful rate of maturity" indicates intent to it Com. Co. Sup. Ct. On. bo bound by modifi ti - — — --- --------- 4o. 57541, 648 P.2d 961 cn omi to statutory formulnenacted to maturity. Rileyv. ?nor Northern Com. Co.. Sup. Ct. Op. No 2534 sory note provided for (File No. 57541, 648 P.2d 961 1i982s. naurity at the highest Where interest provision is intended to t rate." award of establish compensatory damages for lereat at highest rate detention of money lunpuntte in subset• of maturity, pursuant to lion ihi that amended formula appliesonly nula in (hie section, woo to contracts executed alter June 4, 1976. Northern Com. Co.. Sup. does not preclude parties to contract from Wile No 57541. 649 P.2d agreeing to be bound by future mod(pca• ttons in the statutory formula. Riley v n subsection ial is not the Northern Com. Co.. Sup. Ct Op. No. 2334 lormula of interest: only ( File No 57541, 64l1 P 2d 981 1 Mai. 41 L MEMO TO: Tim Rogers, City Attorney cc: Keith Kornelis, Public Works Director FROM: Charles A. Brown, Finance Director �,aQ DATE: Jul; 7, 1986 SDBJW: Interest on Retainage The last time I reviewed the State statutes with you on this subject was in 1983. AS 36.90.001 deals with this matter, and it refers to AS 45.45.010 (a). The City of Kenai's position has been that the 10.5% rate is a maximum rate, and that a lesser amount may be paid. In view of Council's questions at the last Council meeting, perhaps you or Ron should look into this again. Today, I surveyed several other municipalities, with the following results: Anchorage: They say the 10.5% is a maximum. They pay 8%. Mat -Su: They do hold retainage; they do not pay interest at all. They are aware of the State laws on this subject. J! Juneau: They do not retain on Borough work, but they do on School District work. They pay 8%. Romer: They do hold retainage. They pay 10.5%. Kenai Borough: They don't retain. Apparently, they have a bid item similar to a "contract close-out" that is paid at the end of the job. C , tt 1 E It a' ` 1 - -J s�- si E i �k CITY OF KENAI "(lil e4104W ai 44ma•• MO R V"O KENAI, AI ASM iDM11 ULEPMONE409•TUS MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: June 27, 1986 SUBJECT: RETAINAGE ON CONSTRUCTION PROJECTS FOR: CITY COUNCIL MEETING OF JULY 20 1986 I have attached the following concerning retainage: A. AIRPORT WAY This is a copy of the applicable part of the uupplame-nEery Conditions end the Standard Specifications (Anchorage 1980) on the Airport Way Project, which will be bid July 15, 1986. This is our standard policy for road construction projects. We retain 10% until the work is substantially complete, then reduce the retainage to 50. B. FLIGHT SERVICE STATION TSis is how we an a the retainage for constructing a large building. The Flight Service Station is going to be bid on July 10, 1986, and the estimated cost is $1.5 million. Under this contract we retain 10% until the project is substantially complete at which time we will consider reducing the retainage to 2%. C. STANDARD GENERAL CONDITIONS Prepared y the Engineers, Joint Contract Documents Committee and endorsed by many large engineering and contractors associations. This shows that retainage is a common practice in the industry. D. ANCHORAGE STANDARD SPECIFICATIONS - 1984 e eity or Anchorage has just recently switched over to using the Standard Specifications 1984. The City of Kenai has not modified these specifications as yet and therefore we are not using them. This shows how the City of Anchorage is handling retainage on their projects. L ` Q I_ s 1 E. KENAI PENINSULA BOROUGH - KENAI ELEMENTARY SCHOOL This shows thaE the Kenai Pen nsu a Borough can withhold 100 retainage until the project is complete (E-2). This also shows that the Kenai Peninsula Borough requires a project close-out bid item or schedule of value (E-4). It appears that this amount is not paid until the project is 100% complete. Since it is not called a retainage, but merely a project close-out item, I doubt very much that the Kenai Peninsula Borough pays interest for this item. It is merely funds that are withheld until the project is 100% complete. I also notice that the Kenai Peninsula Borough keeps a sum of money for one year after the project is 100% complete to cover warranty items. Summarize: The Kenai Peninsula Borough can keep retainage of up to 10% until the project is complete; plus they keep the funds called Project Close -Out until the pro-lect is complete; plus they keep funds until one year after the project is complete. F. FEDERAL PUBLICATIONS INC. COURSE MANUAL This Is from a nation-wide conference Met shows that a owner retainage, such as 100, is normal in the construction industry. G-1 RETAINAGE FOR THE STATE OF LOUISIANA This is from a dIfFerent conference that shows that retainage in Louisiana amounts to 10% of the contract and will not be due until 30 days after the expiration of the contract. At this particular conference, everyone was shocked and could not F= believe that in Alaska the Municipalities had to pay interest on this retainage. I have engineering text books from my civil engineering courses and construction management courses that show keeping a retainage is normal for the construction industry. The retainage on construction projects is essential and is used by the City of Kenai for the following reasons: *The retainage is used as an incentive to urge the construction contractor to complete the eroject as soon as possible. If a contractor completed most of the major work on a project and the owner made 100% payment for almost all of the work, there would be no real incentive for the contractor to come back and do the minor punch list items since he would already have all or almost all of his money. *The retainage can be used as leverage to get the contractor to make the minor adjustments and corrections that are necessary o m at the construction plans and specifications which may not have been noticed until after the project was completed. These would be items that a contractor might just drop and not do if the City did not have retainage. The retainage may be used to settle claims and liens of contractors and subcontractors Ehat may noL be na zed until the project is complete. � t! i r *The retainage may also be used to make corrections discovered by State or Federal agencies (labor, grant agency conditions, permit violations, and etc.) *If there is no retainage on a project there would be no incentive for the contractor to submit his affidavits of payments of debts and claims, his affidavit of release of liens, and his consent of Surety Company to final payment. When the project is completed we ask for these affidavits before we make final payment and release the retainage. A lot of times this is when we find the general contractors have not paid their subcontractors. *Liquidated damages which are assessed against the contractor If he does not complete the project on time are taken out of the retainage-at the end of the project. (On the Po ice Station Addition the liquidated damages amounted to $129000.) If we paid 100% we would have a hard time getting the contractor to pay us back funds for liquidated damages. *Retainage is also used for payment to the contractor for items that are not listed on the bid sheet or the project schedule of values such as final clean-ue, demobilization indirect costs. submittal o na as-bUlit drawings, and etc. Specific problems where retainage has helped the City of Kenai, include the following: 1. Kenai Police Station Addition - The general contractor on this project went bankruptand the City ended up with an exorbitant amount of claims and liens on the project. After much effort and cooperation between the City, the architect, bonding company, and the contractor, this project was finalized. One of the major factors that helped in getting the problems resolved and completed as fast as it did was the fact that the City withheld a retainage. 2. Main Street Loopy Lake Marine Granite Point and FBO project -it was discovered after this project was d th t th halt avin tests showed comp e e a e asp p g non-compliance in specifications. The City received a -� -� $4,000 reduction in the cost of the project. This $4,000 was taken out of the retainage that we had kept on the =s------- - -=.- project. If we had not kept the retainage we would not have been able to deduct $4,000 from the project and it ' would have been hard to get them to send us a check. I have developed a set of construction documents for streets, water `;. and sewer, and for buildings. I try to keep the conditions and the contract documents the some for all our projects. To someone who is not familiar with the contract documents, they can be considered very complicated. One of the main things I try to do is keep the 4..., documents consistent, not only within themselves, but with the other projects that the City has. I am always interested in looking for 1 ways to improve our documents, but once a contract is signed, it is ,4 - . — A— - -- - 4 1) #7tS 1 o_.. up to the City and the contractor to adhere to the agreements in the contract at the time it was signed. Changes in the contract are certainly possible (example: Change Orders) if both parties are in _ agreement. , Retainage is something that is one aided and in favor of the owner. A It protects the owner and does nothing for the contractor. (It may help a subcontractor.) The amount of retainage is very clearly stated in the contract documents and each bidder is aware of our retainage policy prior to bidding on each project. The contractor ' agrees to handle retainage as per the contract document when he signs the contract. ; f, I fcel that the war that the City of 11%criai iz prcccrstlr i,aadliiig retainage is the best method for the City of Kenai. This method is .r; shown on attachment A-2 and is the one that is being used on the st.-,.. .4 4 Airport Way bid. If you or the City Council wish to change this -•- ;i e� � policy, I can very easily do that on future projects. Unless I hear otherwise I will continue as I have in the past. KK/sw 4 Attachments t Q t � r �r t: ,p. CITY OF KENAI SUPPLEMENTAL CONDITIONS TO THE "STANDARD SPECIFICATIONS - MUNICIPALITY OF ANCHORAGE, DUNE, 1980" CITY OF KENAI SUPPLEMENTARY CONDITIONS TO GENERAL PROVISIONS Divicicn 10.00 s. Standard Specifications A� 1 The "Standard Specifications - Municipality of Anchorage, June 1980 Division 10.00 through Division 80.00" are herewith made a part of the Contract Documents, The General Provisions of the Municipality of Anchorage as incorporated herein shall be read and construed to apply to the City of Kenai or Kenai City Council whenever the reference to the City or Kenai City Council is appropriate and the context requires it. In any conflict between Municipality of Anchorage's _« Dec ca one an e ty of Kenai, 5uepiementery concitione (which incIudes e u smentary conditions to aeneral P ovisions and the Supplementary Conditions to Design Technical Provininna . the Citv of s --nolemental Conditions w b. Chanoes. Additions, and/or Deletions to the Standard upecirications The following changes, additions, and/or deletions of the "Standard Specifications - Municipality of Anchorage, June 1980 General Provisions" are hereby made a part of the Contract Documents for the construction of this project for the City of Kenai, Alaska, as fully and completely as if the same were included in the General Provisions. SECTION 10.01 DEFINITIONS 1. Under Assembly DELETE: "Municipal Assembly Anchorage." ADD: "Council of the City of Kenai." X-1 L I 1 5. Article 7.6, Second paragraph, second sentence 1� DELETE: 1 "With these estimates as a base," f ADD: "Subject to the foregoing," 6. Article 7.6 DELETE: Paragraphs three, four and five. ADD: "The Owner will process partial payment requests s--} and make payment to the Contractor within twenty s (20) deye after the Kenai City Council has approved the pay requeet. A copy of the City of Kenai, Alaska, 1984 Deadline Calendar is included in the Contract Documents which shows when Council meets. Until such time as the work is accepted the Owner a retainedercen a e s a a —percento e value o e completed w Upon substantial completion of the work. the Engineer may approve progress payments up to e amoun ue e. on rec or rov n eresufficient refs na a to cover the estimated c the remaining work or any claims." 7. Article 7.7, End of Second Paragraph ADD: "No allowance shall be made for stockpiled material of gravel, sand, fill, asphalt aggregate, _ asphalt, oil, or pit run or pit processed material." 8. Article 7.7, Third paragraph, last sentence DELETE: "Contractor is not making prompt payments" ADD: "Contractor has not paid" 9. Article 7.7, End of Last Paragraph ADD: "In order to be paid on materials the following conditions have to be met: a. The material has been stored or stockpiled in - -- a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and qualityof such stored or stockpiled materials. X-9 A- STANDARD SPECIFICATIONS Municipality of Anchorage ME 1980 I 11 a Article 7.5 Force Account Bills Bills for force account work must show in payroll from the dates, names, hours worked each f' day, rates of pay, and amounts paid to each individual employed on such work, and must give in detail the nature of the work done by each. The equipment used, hours of operation and agreed rates must also be shown. Bills for materials must be fully itemized, showing dates of delivery, quantities, unit prices, amounts, and discounts, and must be accompanied by receipted invoices covering every stern. All bills for payment on force account work must be submitted in triplicate, must state the number of the contract under which the work was performed, and must be approved by the Engineer. Failure to present an estimate within thirty (30) days after the close of the month in i which the work covered was performed shall constitute a waiver on the part of the Contractor - + of his right to present such bill thereafter or to receive payment therefore. -- ;j Article 7.6 Progress Payments i During the progress of the work the Contractor may request progress payments for work done during the preceding calendar month. Such request must be accompanied by an updated progress schedule. Progress payments may include reimbursement for materials ! stored at an approved site provided proof of payment by the Contractor is given. I At a regular period each month the Contractor shall furnish such data necessary for the Engineer to make an estimate of the amount of work completed and of the value of such completed work including an estimate of the amount and value of acceptable material to be incorporated in the completed work which has been delivered and properly stored at or near the site or at an acceptable location to the Engineer. With these estimates as a base, a partial _ payment shalt be made to the Contractor, which partial payment shall be equal to the value of ( r completed work as computed from the Engineer's estimate, plus the value of accepted materials which are in a condition or state of fabrication ready to be incorporated in the completed structure and which are held in storage on or near the work, the value of such materials computed in accordance with these specifications, less such amounts as may be �i deductible or as may be owing and due to the Owner for any cause, and less an amount to be _. retained in protection of the Owner's interests. The Contractor shall furnish prior to the submission of his first progress payment estimate, a breakdown of his lump sum bid item or Items which will be reviewed by the Contracting Officer as to propriety of distribution of the d total cost to the various accounts. Any unbalanced items as between early and late payment e items or other discrepancies will be revised by the Contracting Officer to agree with a ! reasonable cost of the work included in the various items. This contract bid breakdown will then be utilized as the basis for progress payments to the Contractor. I The Owner will process partial payment requests and ma a payment to the Contractor within twenty (20) days of receipt of the application for partial payment. Until such time as the work y is accepted by the Owner, the retained percentage shall be ten percent (10%) of the value of V ' the completed work. - - - -- - _z When the dollar value of the completed work has reached seventy five percent (75%) or more, - -- --------- -- - ----- - h 1 the Contractor may request that the retainage be reduced to five percent (6%) or twice the --=--------- , -: - value of the remaining work. The Owner may reduce the retainage based on Contractor's progress schedule, clean-up, contract completion cost and other factors. Upon completion of 95% of the work, the Engineer may approve progress payments up to a' V 98% of the amount due the Contractor providing there is sufficient retainage to cover the estimated cost of the remaining work or any claims. W en applicable, if State laws or municipal ordinance provide for a greater sum than indicated above, the amount required by such laws will be retained. The Engineer may withhold or, on account of subsequently discovered evidence, nullify the whole or any part of any payment certificate to such extent as may be deemed necessary to protect the Owner from loss on account of: L c [ no4l; Performance and Payment Bond -- The form of socurity approved by the Owner, furnished by the Contractor and his surety guaranteeing the complete and f9ithful performance of all the obligations and conditions placed upon the Contractors by the contract. Plans —The maps, plans and drawings as listed and referred to in the "Contract Documents" together with any additional maps, plans, or drawings also any supplemental drawings furnished by the Engineer to the Contractor and also all approved shop drawings submitted by the Contractor and approved by the Engineer, all as provided elsewhere in these specifi- cations or other contract documents. Proposal — The written proposal of the bidder on the form furnished for the work contem- plated and which is required to be signed by the Bidder. Proposal Guaranty — Proposal Bond — Bid Security — Bid Bond — The security to be furnished by the bidder as a guaranty of good faith to enter into a contract for the work contemplated if it be awarded to him. Date of Substantial Completion — For all construction contracts, the term "date of substan- tial completion of work" shall mean that date upon which the improvements which are the subject matter of the contract are essentially completed and available for owner's beneficial use for the purposes and in a manner intended by the owner. Entered on Final Payment Estimate Form. _ Shop Drawings — All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate the equipment material or some portion of the work. Special Provisions — The Special Provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications. Specifications — The directions, requirements, explanations, terms and provisions pertain- ing to the various features of the work to be done, manner and method of performance. and the manner and method of measurement and payment. The specifications include such directions, requirements and explanations as appear on the plans. Subcontractor — Any individual, firm or corporation acting for or in behalf of the Contractor in the execution of a part of the contract. This does not include those working for hire or suppliers of material or equipment except that production of materials or supplies at the project site shall be deemed as being produced by a subcontractor where such is not produced by the Contractor's own forces and equipment. C �_ Supplemental Specifications — Supplemental Specifications are those adopted subsequent to the Standard Specifications and generally involve alterations and a new construction items or substantial changes in the Standard Specifications. Supplemental Specifications can also be those specifications that pertain only to a particular type of construction. 3 so L L A w�. C materials are not practicably returnable for credit, be purchased from the Contractor by the Owner at an actual cost (without percentage allowance or profit), and shall thereupon become the property of the Owner. Article 7.9 Final Estimate and Payment When the final inspection has passed, the Engineer will accept a request for the Final Payment. There shall be withheld from the final payment any sums retained pursuant to Articles 6.16, 6.17, 6.20. 6.23, 6.26, or 7.6 or any other provision of this contract Tha ratainann atieu to a spec cfi c m may be paid to the contractor provided that the contractor has fully complied with Section 10.08. If any additional sums are thereafter retained pursuant to a af+Arifir Mlim, the enginccr shall notify the c 1 it, wiv, of U le dinuurit to oe retained and other details of the claims pursuant to which the retainage will be held. "Neither the final payment nor any part of the retained Rerceall2e shall become due until the engineer has obtained a specific release as to -the satisfactory condition of the public places affected by the project. The release shall be signed by the Director of Public Works, and shall be applicable to conformance to location, backfill, compaction, general condition of the public place, and replacement of improvements". Article 7.10 Suspension of Payments No partial or final payment shall be made as long as any order made by the Engineer to the Contractor in accordance with the specifications remains uncomplied with. Article 7.11 Correction of Work after Final Payment - -- -- = i Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which appear within a period of one year from the date of final acceptance. The Owner shall give notice of observed defects with reasonable prompt- ness. The Contractor shall initiate corrective action within five (5) days after written notifica- tion from the Owner. The Contractor's bonding company will be notified of any existing .: defects not corrected within the above specified time. Article 7.12 Payments V# n Payments under the contract shall be paid in cash by the Owner unless otherwise provided - - - 1 by the Special Provisions of these specifications. Article 7.13 Assignments The Contractor shall not assi n the whole or an ? 9 y part of this contractor any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and Corporations of service rendered or materials supplied J. for the performance of the work called for in this contract. 1 THE AMERICAN INSTITUTE OF AR ITECTS /iN7 SBRWc�` ,STA►77o A J : FSS BiD 7 ie _6 AU Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAf awpostTANT LEGAL CONSEQUENCES; CONSULTATION WRN AN ATTORNEY IS tNCOURACEO WITH RESPECT TO ITS MODIFICATION 1976 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 2. ARCHITECT 3. OWNER 4. CONTRACTOR S. SUBCONTRACTORS 6. WORK BY OWNER OR 8"! SEPARATE CONTRACTORS 7. MISCELLANEOUS PROVISIONS 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE 12. CHANGES IN THE WORK 13. UNCOVERING AND CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT This document has been approved and endorsed by The Aonclated Cenral Contractor of America. GlnvnNllr 1911. 19111. 191e. 1929, 1917. 19f1. 191e. 1%1. 1962. 191do. ta6T 19'a a 19m b9 The A/ne.lcan Itntltute of 4tchlletll 1711 New Volth Avennv. N W.. Wa1h1nR10e, C. C. ION6. Ileortlducltun .11 Me material hpeon at tubNan11a1 auota11an at .H olo- vt.lttM w/1M1Yt ttennHltnn of the AIA vlolatel the Cotivrighl laws no lite 1ln1trtl 11al" and will be sublKl to Iee11 orofeCytltln. t MA OOCUMaNr 4Ie1 . QN(NAL CON01110"S Or tNt CON ACT /4N CAN1iN1J.'•gv . tn0Nlttbt14 t011tt)V ..l•G"t 193 j AMA . 11/N • INt, AMiSICAN INsrlTuft 0r ANCHl:Ctf. VI1 N1W VORR %VINUt % W WAS111NP10N O C. .BUoa A2Ot•1976 I L 7.7 TESTS 7.7.1 If the Contract Documents, laws. ordinances, rules, regulations or orders of any public authority having funs• diction require any portion of the Work to be inspected. tested or approved, the Contractor shall give the Architect timely notice of its readiness to the Architect may observe such inspection. testing of approval. The Contractor shall bear all costs of such inspections. tests or approvals con. ducted by public authorities. Unless otherwise provided. the Owner 0411 ben all costs of other inspections, tests Of approvals. 7.7.2 If the Architect detemmne$ that any Work requires special inspection. testing, or approval which Subpaa• 8aph 7.7.1 does not include, he will, upon written au. .thonzation from the Owner, instruct the Contactor to Order such special inspection. testing or approval. aefff this Contractor snail give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Con. tact Documents. the Contractor shall bear all costs there- of, including compensation for the ArchitecCs additional setvices made necessary by such failure: otherwise the Owner shall bear such costs• and an appropriate Change Order shall be issued. 7.7J Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.7.4 If the Architect is to observe the inspections. tests of approvals required by the Contract Documents. he will do s0 promptly and. where practicable, at the source of supply. . 7.8 INTEREST 7.8.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as ine parties may agree upon in writing or. in the absence thereat, at the legal rate prevailing at the place or the Protect. 7.9 AROITRAT1ON 7.9.1 All claims, disputes and other matters in question between the Contractor and the Owner ansing out of, or Mating to. the Contact Documents or the breach there- of. except as provided in Subparagraph 2.2.11 with re- spect to the Arcnttect s decisions on matters relating to Mastic effect. -and except for claims which have been waived by the making or acceptance of final oavmci.t as Provided by Subparagraphs c 9.4 and 9.9.4, shall be de- cided by arbitration in accordance with the Consauction Induslrv, arbitration Rules or the American .arbitration AssOClation then obtaining unless the parties mutually Agree otherwise. No arbitration arising out or or relating to the Contract Documents shall inclWe. by conso►lda- lion .oinder or in anv other manner the Architect. his emplOvees or cOnsutfants except by written consent con• taining a iW.tic •ererence to the Owner -Contractor Agreement and sieneo by the bchitect. the Owner the Contactor and any Quiet person sought to be joined. VO Arbitration snail include by conswioation joinder or in anv -)thee manner parties )tnef •han -he Owner the Contractor ino anv liner oera,ons •ubstanti.liv rivnived ,n a common Question .rr tact (ir :raw .vnose presence O required if complete relief is to be accorded in the arbi. trauon. No petign other than the Owner or Contractor shall be included as an original third parry or additional third party to an arbitration whose interest or responst• bility is insubstantial. Any consent to arbitration involvrt•g an additional potion or persons shall not constitute con- sent to arbitration of any dispute not desenb.d therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner -Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award tendered by the arbitrators shall be final, and' ludgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Owner -Contactor Agreement and with the American Arbitration Associa- lion. and a copy shall be filed with the Architect. The demand for arbitration shall be made within the time limits specified in Subparagraph L112 where applicable. and in all other cases within a reasonable time after the claim. dispute or other matter in question has ansen. and in no event shall it be made after the date when institu. lion of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during arnr arbitration proceedings. and the Owner shall con- tinue to make pavments to the Contractor in accordance with the Contract Documents. ARTICLE 8 8.T oEftiNmoNs TIME 8.1.1 Unless otherwise provided. the Contact Time it the Period of time allotted In the Contract Documents for Substantial Completion of the Work as defined in Sub. paragrapn 8.1.3. including authorized adiustments thereto. L1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed. it shall be the date of the Owner -Contractor Aqreemenr or such other date as may be established 8.1.3 The Date of Substantial Completion or the Work or designated portion thereof is the Date certified by the architect when Construction q surricientiv complete. in accordance with the Contract Documents. so the Owner Can OCCU v Or uttlize the Work or designated 'portion 'hereof r rile use Or wniCh jt i1 )ntenOe . 8.1.4 The •erm day as used in the JnHaCt )nail mean emendar 3av unless Ofnerwse tpeciricaliv designated. 8.2 PROGRESS AND COMPLETION 8.2.1 +tl rme emits stated n •-e Contract 00cuments are lr r•le etwOnce Or --ie Contract •.•. we�,i.enr trlr • r[tlt.tt C'�Oinr�• .'r Mt t�L- , )t 7% . 11rl �.ral; • '•nirtt�'+ Q• • a..:�tT �•a 12 A201.1976 c�%f•.+• . '.•4. •u! 'at44:.v •r.t: fj, •t r•r MCtartC•. •H •.tit ••1f. •.l gal �N' .t ..Mi�(,'!Qq 0 C :700r AA12 L 0 L. /wwo-.-) (9) > 8.2.2 The Contractor shall begin the Work on the date ofi—Kontract by such data substantiating the Contractors right to PAW k commencement as defined in Subparagraph 8.1,Z, Hemerit as the Owner or the ArchitC.t may require, and re• ' > shall carry the work forward expeditiously with adequateilectin ►etaina e, if any. as provided elsewhere in the i forces and shall achieve Substantial Completion within ccumenn. a the Contract Time. 1.32 Unless otherwise provided in the Contract 00cu- „ � &3 OEMYS AND EXTENSIONS OF TIME ments, payments will be made on account of materials or ' LLI If the Contractor is delayed at any time in the pros• equipment not incorporated in the Maoris but oeiivered ress of the Work by any act or neglect of the Owner or and suitably stated at the site and, if approved in So - the Architect. or by any employee of either, or by any vane by the Owner, payments may slmilariv be made separate contractor employed by the Owner, or by tot materials or equipment suitably stared at some other changes ordered in the Work, or by labor disputes, fire, location agreed upon in wnt►ng. Payments for materials on unusual delay in transportation, adverse weather condi- or equipment stored at off the site shall be con• tions not reasonably anuapatable. unavoidable casualties, ditioned upon submission by the Contractor of bills of or any cmmes heyerid the Centrectnes crintrril, or by rlr•- sale nr such other prermlures satisfactory to the Owner lay authorized by the Owner pending arbitration, or by to establish the Owners title to such materials or equip - any other cause which the Architect determines may ment or otherwise protect the Owners interest. including justify the delay, then the Contract Time shall be ex• applicable insurance and transportation to the site for tended by Change Order for such reasonable ume as the those matenats and equipment stored off the site. ; I Architect may determine. 93.3 The Contractor warrants that title t0 all Work. . U.2 Any claim for extension of time shall be made in materials and -equipment covered by an Application, for writing to the Architect not more than twenty days after Payment will pass to the Owner either by incorporation in y the commencement of the delay; otherwise it shall be the construction or upon the receipt of payment ov the R ; ! waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of Contractor, whichever occurs lint. free and clear of all liens. claims. wcunty interests or encumbrances. herein - the probable effect of such delay on* the progress of the after referred to in this Article 9 as "liens"; ano that no Work Work, materials or equipment covered by an Aopiitatian 1i 8,3.3 it no agreement is made stating the dates upon for Payment will have been acquired by the Contractor. by any other person forth at the site or which interpretations as provided in Subparagraph L.8 equippervorment furnishing materials and equipment the Project. sub - lest shall be Furnished, then no claim for delay shall be A- n ifor Iect to an agreement under which an interest :neretn o► to an lowed on account of failure to famish such inter preta• an encumbrance thereon is retained by the seller or other. lions until fifteen days after written request is made for wise imposed by the Contractor or such other person. them, and not then unless such claim is reasonable. . 83.4 This Paragraph 83 does not exclude the recovery 9.4 CtRT1fIGTEsFOR PAYMENT of damages for delay by either party under other provi- 9.4.1 The Architect will, within seven days after the re- sions of the Contract Documents. copt of the Contractor s Application for Pavment. either osue a Certificate for Pavment to the Owner. with a ARTICLE 9 ; copy to the Contractor. tot such amount as the Architect a determines is properiv due, or notiiv the Contractor in PAYMENTS AND COMPLETION writing his reasons for withholding a Certificate as pro• _ 9.1 CONTRACT SUM vided inSubparagraph 9.6.1. •> l . ; ! 1.1 The Contact Sum is sorted in the Owner -Contractor 9.4.2 The issuance Of a Certificate for Pavment will con. stuute a representation by the Architect to the Owner. - Agreement and. inluding ,authorized adjustments thereto. based on his observations at the site as provided 'n Suo• Is the tool amount payable by the Owner to the Contrac• tot for the performance of the Work under the Contract paragraph 2,.,3 and the data the atom Documents. as progingressed the ror Pavment. that the Work has progressed to the point 92 SCHtONLE Of vAWES indicated: that, to the heft at his knowledge. information and holier. the quality or the Work is in actoraance with - -� -1 l2.1 Before the tint Application for Pavment. the Con- the Architect schedule of values the Contract Documents isubiect to an evaluation of the work for conformance with the Contract Documents tractor •hall submit to a allncated in the vannw pumom tit the Work, prepared inupon Substantial Completion to the results Of anv subse- jl such torn and supported by such data to substantiate in accuracy as the Architect may require. This schedule. un- Auent tests required by or periotmed under the Contract Document.. to minor deviations iron the Contract Qotu• less•oblected to by the Architect. -hall he used only as a menis correctable onor to comoletion. and to anv soec:hc bass• fnt the Cunuactor'% Application* fur Pavment. qualoication% stated in his Certihcaleand that the Con. iractnr '• emitted to payment in the amount certified. r ICATIONS FOR PAYMENT ast ten daa hefore the date for each progress However hv'.,ump a Ceruhcaie ior Pa%menl. the .•freni• sect --hall not ihere^y he reamed to represent that ne iias t t tablished in the Owner-Contwtur .agreement. rcior m ide evhawin a tit rontinurus Mtn-•.te MOCUOnf :0 ` w thy ►hall submit tit ine Architect an'temizea n for Pavment nniatmed a required.-uppr�ried check the nualil% or auontih at rie %%Ork It that no has '/-%a-"Ld the cnnstruat'nn mean• 'istmodi tecan'oues �g MAOQCVMtNtA2et•iYNIW60�OIftlrit.n'lit'y�tR.N..rr..•rt,r•,•�.n•.M•tt�r--�•"•Y-�• .G�i'"'� rir.e oir a+cri�.•. ��.:'u q .0 ..rt rn•.r�. .r.: •� s► •.t�s i ... .i •••u�no� '►t : �• A201.1976 13 AA13 is • IO BID & CONTRACT SECTION 00830 PAGE 6 OP 11 ,; i ...i �. i .4 SGC 7 REFERENCE MISCELLANEOUS PROVISIONS — GENERAL CONDITIONS, A. Add a new Paragraph 7.1.2 to read as follows: "The General Contractor and ALL Subcontractors must file each week a schedule of employees, wages paid, and other information required by Alaska Statute AS 36.05.040." B. Amend Paragraph 7.7.1 by changing the word "Owner" in the next to the last line to "Contractor." C. Delete Paragraphs 7.9; 7.9.1; 7.9.2; and 7.9.3. SGC 8 TIME (REFERENCE GENERAL CONDITIONS, ARTICLE 8) A. Add a new Paragraph 8.2.3 to read as follows: "Date for Substantial Completion shall be as defined in Paragraph 8.1.3 shall be as stated in Section 01701, Division 1, General Requirements, as modified by applicable Change Orders. Owner reserves the right to use or occupy the building or any portion thereof after receipt of a certificate of substantial completion thereof. B. Delete the words "pending arbitration" from the 9th line of Paragraph 8.3.1. SGC 9 PAYMENTS AND COMPLETION (REFERENCE GENERAL CONDITIONS, ARTICLE 9) A. Add a new Paragraph 9.2.2: "Schedule of Values must be submitted as soon as practical after the award of the Contract. In all cases Schedule of Values must be submitted at least 15 days prior to the first Application for Payment. Schedule of Values must show a complete breakdown of all phases of the Work required by the Contract Documents. In preparing Schedule of Values, Contractor shall follow the Specification Index, Section by Section, establishing a value for each section of work, including all applicable profit and overhead." B. Amend Paragraph 9.3.1 to read as follows: "On or about the first day of each month the Contractor shall submit to the Architect an itemized Application for Payment based on Schedule of Values, for a period from the first day of the month through the last day of the month. Application for Payment shall be executed and submitted in five (5) copies on forms furnished by the Owner. Application shall be su orted b such data lu W PP Y - -- substantiating the Contractor's right to payment, as BB6 L i i yl r� is r 1 , i. a. •1 DIVISION 0 8I0 & CONTRACT SECTION 00830 PAGE 7 of 11 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r w the Owner and Architect may require, including lien releases from all subcontractors and suppliers indications that the previous months payment has been used to satisfy all obligations for which it wan submitted. Li %U Z&= where aeelication ineludes reaueat for payment foj stored Material, an itemized listing of such material, substantiated by invoices for the material shall be attached to the Application for Payment and the total listed on the Application for Payment under the line provided for "Stored MntRrtn101. Stored materials must he on site. After payment request has been submitted correctly certified and approved, payment will be made withh Ma or the sum duee Whenever a work is au stant a v coma a el. if the Owner considers Me amount retaineo to oe in ex st. 1 ode a for the ro ec retain a reduced on ro F o final payment request. a to assure satisfactory com obligations and will not be been completed and as -built o submitted, properly certiTI e owner drawings nave ed-7-a—RU soprov actur k —he s as other project closeout requ remen s. ` C. Amend Paragraph 9.5.1 by deleting all of the sentence after the words "make payment" and substituting therefore "within 30 days". •J D. Delete from Paragraph 9.7.1 the wording "or awarded by arbitration". E. Amend the next to last sentence of Paragraph 9.8.1 to --:, --- -- substitute the word "Final" for the word "Substantial" in both places of appearance. ' F. Add to Paragraph 9.9.2: "Contractor shall submit in duplicate 'Contractor's Affidavit of Payment of Debts • and Claims,' AIA Document G706, 'Contractor's '.j_. Affidavit or Release of Liens,' AIA Document G706A, -`-_ -- --- and 'Consent of Surety Company to Final Payment,' AIA ►, --_ Document G707 (Documents may be obtained from -=- -�-- --- -j Architect)." "Inspection for Substantial r, G. Add a new Section 9.10: ..-. Completion and Inspection for Final Completion." T. .j. _._ -_ 7 -s � 1 I. C This document has important legal consequences: Wnsuitatiun with an attorney is encouraged with respect to its completion or modification. STANDARD GENERAL CONDITIONS Off' THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By • %MO tN UAMERICAN Vtu1114A �• • ��� �i ���A ��.�� PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General J147,41,0"e.' ontractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910.8-A-2. 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents. No. 1910.9. 1981 edition. For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supple- mentary Conditions (No. 1910.17. 1983 edition). When bidding is involved. the Standard Form of instructions to Bidders (No. 1910-12. 1983 edition) may be used. No. 19104 (1993 Edition) L Shop Prawings—All drawings, diagrams. illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures. standard schedules, perfor. mane charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract 'Documents consisting of written technical descriptions of materials. equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a pan of the Work at the site. Substantial Completion —The Work fora specified part thereofl has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete. in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended: or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. Supplementary Conditions —The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Supplier —A manufacturer. fabricator. supplier, distributor. materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables. wires. manholes. vaults. tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communica- tions. cable television, sewage and drainage removal, traffic or other control systems or water. tlnlr price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sep- arately identifiable parts thereof required to he furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. Work Directive Change —A written directive to CONTRAC. TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINFIX o� ordering an addition. deletion or revision in the Work, or responding to ddfeiing or unforc seen physical conditions under which the Work is to he performed u% provided in paragraph r 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work j$$$ Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that $ the change directed or documented by a Work Directive Change will he incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any. on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. N ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed., 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may he given at any time within thirty days after the Effective Date of the Agree. ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day alter the Effective Date of the Agreement. whichever date is earlier. Storting Cite Project: 2.4. CONTRAC fOR shall start to perfirrm the Work on the date when the Contract 'f ime commence% to run. but no Work shall he done at the site prior to the date on which the Contract 'Time commences to run. Before Starting Construction: 2.3. liclore undertaking each pan of the Work. CON- MACfOR shall carefully study and compare the Contract Documents and check and verify pertinent figure% shown 0. • costs attributable to OWNER's evaluation of and determi• nation toaeeept such defective Work (Nuehcosts to he approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects, actor• neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment. u Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNERMay Correct Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13. 11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWN ER may exclude CONTRACTOR from all or part of the site. take possession of all or pan of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools. appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the siteor for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. LM r ARTICLE: 14—PAYMENTS TO CONTRACTOR AND COMPLETION to Schedule of Values: 14.1. The schedule of values eslabli%hed as provided in paragraph 2.9 will serve us the basis for progress payments and will be incorporated into a form of Application for Pay ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment k ccherinleti that not more often than once a momht, f'ON. TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges. security interests and encumbrances (which are hereinafter _ in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER. The amount of raetatnnaaae with respect to progress payments will be as stipulateJ71111 a Agreement. CONTRACTOR's Warranty of Tltle: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINFER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay ment with ENGINEER'N recommendation, the amount rec. ommended will ( subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.3. ENGINEER'N recommendation of any payment requested in an Application for Payment will constitute a 26 i i4 cl III -i on Article 7*5. Progress Payments The Contractor shall submit to the Engineer an Application for Payment, on the forms furnished, supported by such data as the Engineer may require substantiating the contractor's right to payment for Work done during the preceding calendar month. The Engineer will, within seven (7) days after receipt of the Appli- cation for Payment, either approve a Partial Payment Estimate and present it to the Contractor for signature or notify the Contrac- tor in writing his reasons for withholding approval. Approved Partial Payment Estimates shall be received by the Owner within two (2) days after execution by the Contractor. Thq Owner will process Partial Payment Estimates and make payment to the con- tractor within fifteen (15) days of receipt of the Partial Pay- ment Estimate. If the Owner fails to make payment to the Contractor within forty-five (45) days of receipt of the Partial Payment Estimate, the Contractor may, upon seven (7) days written notice to the Owner and Engineer, suspend the Work* The Contrac- tor shall take every precaution to prevent any damage or unrea- sonable deterioration of the Work during the time it is suspended: A Retainaget The Owner will retain ten percent (10%) of the total earnings to date until the Work is completed and accepted. HOW - ever, if the Owner at any time after fifty percent (50%) of the Work has been completed determines that satisfactory progress i maintained, the Owner -may continue to bold the retainage to dat: and authorize progress payments to the contractor in full for Work performed beyond the fifty percent (50%) stage of comple- tion. After ninety-five percent (95%) of the Work has been satisfactorily completed, the Owner may reduce the retention to two percent (2%) of the earnings to We. Interest on retainage is shall accrue at the rate of eight percent (8%) per annum, simple interest. Wo interest shall accrue and no interest shall be paid - .3 • on sums which are withheld as provided for hereinafter. Withholdings In addition to retainage, the Engineer may withhold from a progress payment for any of the following reasons: Defoctive Worki Claims by Subcontractors, suppliers, laborers, or -the Alaska Department of Labort Claims made directly against the Municipality alleging an act or omission on the part of the Contractor, Subcontractors, or their agents in connection with the - . }{ Worki Damage to the Municipalityl Reimbursements for Work done by the Owner because of any failure to carry out the Work in accordance with the Contract Documental 04S - ___ . . . -A ._- - . t it Liquidated damages. _ Progress payments shall not be construed as an acceptance or r approval of any part of the Work covered thereby and they shall in no manner relieve the Contractor of responsibility for defec- tive workmanship or material. The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the Contractor uses such estimates as a basis for making payment to Subcontractors, he does so at his own risk and he shall bear all lose that may result. The making of progress payment under the Contract, either before or after the date set for completion of the Work, shall not operate to invalidate any of the provisions of the Contract or to release the Surety. ;s ' Article 7.6 Payment of Claimants Any claim received by the Engineer against the Contractor or Subcontractors from any materialmen, laborer, supplier, Subcon- �} tractor, or the Alaska Department of Labor will be forwarded to the Contractor by certified mail as soon as practical following receipt by the Engineer. Thirty days after the Contractor's receipt of the said notice, the Owner shall be authorized by the Contractor to pay the claim from the earnings of the Contractor unless the Contractor has notified the Engineer in writing by -t 'certified mail that the said claim is contested or proof that it has been paid. Only upon receipt of such notice is the Owner's 1 authority to pay the claim revoked. Revocation of authority to pay a claim shall not prohibit the owner from paying any claim, i'....` levy or attachment under compulsion of law. " Sums withheld pursuant to disputed claims will not be paid to the claimant except where compelled by legal authority. Such sums may be paid to the Contractor upon the filing of a statement by i f the Contractor and his Surety on the form furnished by the - Engineer stating thats (1) the Contractor contests the validity } of the claim] (2) that the Surety acknowledges responsibility for ' the payment of the claim in the event it is valid ands (3) that the Contractor and the Surety specifically agree to hold the Municipality harmless for making payment to the Contractor of the sums withheld. In the event that the Contractor revokes authority to pay a claimant as provided herein and refuses to execute the said statement referenced above, the Municipality may institute an in- �' terpleader action in Superior Court, Third Judicial District, and r all Court costs and attorney's fees incurred by the Municipality shall be paid by the Contractor or the Surety. Claimants are not 41 i L I intended beneficiaries of this Article and shall have no recoutse against the Municipality for any failure to pay claims from sums ' withheld from the Contractor. _ 1� 1 Article 7.7 Final Payment ' Upon acceptance of the Work, the Engineer will accept a request _ for the Final Payment. The retains a shall be held by the owner j for a period of not less than 90 3ays TMowIng Ene r1nal Acceptance or the Work. No Final Piymentshall a mace until e Contractor has f r Tewith the Engineer, prior to acceptance of the Work, a notarized Certificate of Compliance in the form substantially as follows: I(we) hereby certify that all Work has been performed and materials supplied in accordance with the Contract Documents for the above Work, that not less than the prevailing rates of wages as required by the State Statute have been paid to laborers, workmen, and mecha- nics, that all payroll taxes have been paid, and that all claims for material and labor and other services performed in connection with these Contract Documents have been satisfied. There shall be deducted from the final payment any sums withheld pursuant to Article 7.6 - Payment of Claimants. Article 798 Correction of Work after Final Payment Neither the final payment nor any progress payment shall relieve the Contractor of responsibility for faulty materials or work- manship and he shall remedy any defects due thereto and pay for any damage resulting therefrom which appear within a period of one year from the Final Acceptance Date. The owner shall give notice of observed defects with reasonable promptness. The Contractor shall initiate corrective action within five (5) days after written notification from the owner. 42 84S y E I Kenai -Peninsula, Borough School District 7�J ri 8.1.6 The Project Representative will review the Contractor's application -� r for Progress Payment within seven (7) working days after receipt and ri !'� Es if the Project Representative ascertains that the amounts set forth r therein are properly due and owing to the Contractor, then the ..u. = -. Project Representative shall issue a Certificate of Payment to the Owner. If the Project Representative determines that only a portion = 3 of the sum requested as a Progress Payment is then properly due and 4 owing to the Contractor, then the Project Representative may, at his option, issue a Certificate of Payment in a lesser amount or may reject the application altogether. The Project Representative will provide a notification in writing to both the Contractor and the j� Owner as to the reasons for reduction or rejection of any application t; for Progress Payment. --- ; 8.1.7 The Project Representative's issuance of a Certificate of Payment 4 constitutes a representation by the Project Representative to the Owner that the work has progressed to the point indicated and that to the best of the Project Representative's professional knowledge and information, Contractor is entitled to payment in the amounts certified. 8.2 RETAINAGE t i 8.2.1 After receipt by the Project Representative of the Certificate for Payment, the Owner shall make pN2ent to the Contractor within thirty - (30) days subject tot e o t on of the owner to retain up to Juz o ' e full amount of the Certificate for Payment pus lump sum amounts for material and equipment not properly stored and subject to damage prior to use. Amounts retained by the Owner may be held by the Owner r until project comp et on. 8.2.2 The Owner may withhold additional sums of money from the Progress t Payment in an amount sufficient to safeguard and protect the Owner against any apparently meritorious claims arising against the Contractor by any party other than the Owner and for any work which the Owner ascertains to be defective or not meeting the minimum requirements of the Contract Documents. 8.3 CONDITIONS OF PAYMENT r 1 r n 8.3.1 The'Project Representative may refuse to approve a1 o any part of any request for Progress Payment if, in the Project Representative's I opinion, it would be incorrect to make representation set out in Article 8.1.7 to the Owner. The Project Representative may also , - - — :--- refuse to approve all or any part of any request for Progress Payment- ` because of subsequently discovered evidence or the results of } subsequent inspections or tests that nullify any such payment l 5 previously approved, to the extent necessary to protect the Owner from loss resulting from: 1. Work which is defective or work which has been damaged and Y.requires corrections and replacement; KPB-GC'S PAGE 00700-32 '`; PARCH 1986 iP I F 8.4.4 When the Owner determines on the basis of his inspection and the recommendation of the Project Representative and the Architect that the work, or a specific portion of it, is substantially complete, then the Project Representative will issue a Certificate of Substantial Completion. There shall be included into the certificate a list of items which must be completed or corrected before Project Closeout Payment is made, and the Certificate of Substantial Completion shalt fix the time within which such items shall be complete and corrected. The failure to include an item on this list does not alter the responsibility of the Contractor to complete all work in accordance with the contract's requirements. 8.4.b the Gertificdte of Substantial Completion shall state the date of the Substantial Completion and the respective responsibilities of the Owner and the Contractor for the maintenance, insurance and security of the work. The Certificate of Substantial Completion shall specifically authorize the Owner to take possession of the premises and utilize them for the purpose for which they are intended. The Owner's beneficial occupancy of the premises shall make reasonable allowance for the performance of the work which the Contractor must complete prior to final completion. All warranty periods shall begin to run on the date of Substantial Completion. 8.4.6 If the Contractor fails to complete or correct work required by the Certificate of Substantial Completion within the time allowed, then the Certificate of Substantial Completion shall be voided and the contract time expended by the Contractor shall be counted, and the acceptability of the work shall be inspected as if a Certificate of Substantial Completion had not been issued. 8.4.7 If the Contractor has requested that the Project Representative and Owner make an inspection to ascertain Substantial Completion, and if the work is not then substantially complete, then the Contractor shall Projecteliable for Representativelwhichsof havethe beenwner, e incurred inc,d the making the Inspection. 8.4.8 upon Substantial Completion of the work or designated portion thereof, and upon application by the Contractor and certification by the Project Representative, the Owner shall make a ent reflectin adjustment -in rethina a if an or suc wor or or on t ereo as ir—ovided in We Contract Documents. 8.5 FINAL COMPLETIONS AND FINAL PAYMENTS ( 80.1 The terms Final Completion(s) and Final Payment(s) contained herein are plural in context and represent both the finalization of 0) the rantX period �� construction phase and (2) the normal ° heseasteps are to be ,i. subsequent to the construction phase. f: represented by lump sum dollar amounts, identified on the schedule o values as (1) Project Closeout Payment and (2) Warranty Period Payment. The Project Closeout Payment represents a sum of money to perform all tasks necessary from substantial completion to completion PAGE 00700-34 0 u A ,i 8.5.6 Contractor to furnish a bond in a form and In an amount satisfactory to indemnify the Owner against losses occasioned thereby. If any additional costs to settle the claim or to correct work of doubtful quality accrue to the Owner in excess of the indemnity available to IN: h Owner all the Owner, then the Contractor shall refund to t e costs which the Ownev includingeallnlitigation(s) costs and reasonablemiht beoattorneyelledtfees. The acceptance of Project Closeout Payment by the Contractor constitutes an explicit waiver of all claims which the Contractor might assert against the Owner except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Project Closeout Payment. Me making of Prujrs-t Closeout Payment to the contractor shall constitute a waiver of all claims which the Owner might assert except those arising from: 1)unsettled claims; 2) faulty or defective work which appears after substantial completions; 3) failure of the work to comply with the requirements of the Contract Documents; the requirements of any warranties required by this Agreement. If, after Substantial Completion, Construction Completion 13 delayed through no fault of the Contractor, or by the issuance of change orders affecting Construction Completion, then the Project Representative shall recommend to the Owner, and the Owner may extend the contract timcertificates forethe making ofbfurtherperioProgressand all Paymentst 8.5.8 The contract sum identified on the schedule of values as "Project _..}: ... ........: :� Closeout" shall be based on the Contract award in an amount as follows: Project Closeout Amount Applied s� Contract Amount On Excess of Prior bracket $100,000 - $249,000 $5,000 =250,000 - $499,999 $5,000 plus 2% E - � ..: -` • $500,000 - $1,999,999 $10,000 plus 1.5% C V $2,000,000 - $4,999,999 $32,500 plus 1.0% =5,000,000 - i9,999,999 s62,500 plus 0.75% X $10,000,000 - $19.999.999 $100,000 plus 0.5% =20,000,000 b up $150,000 plus 0.25% -.-..` Thus upon completion of all requirements identified in Paragraph ,ice4 8.5.1 as "Project Closeout," the funds representing same shall be .l released to the Contractor along with the "Certificate of Construc- '' (� tion Completion." Upon issuance of Certificate of Construction Completion, all contract sums shall be accounted for to the Contrac- f: + tor, and shall be paid to the Contractor except for the Warranty Period Payment based on the Contract award in an amount as follows: PAGE 00700-36 KPB-GC'S Is ;tl_4 7 KC , 0 8.6 8.6.1 8.6.2 8.6.3 8.6.4 8.6.5 8.6.6 Contract Amount $100,000 - $249,999 $260,000 - $4991,999 $500,000 - $1,999,999 $2,000.000 - $4.999,999 $5,000,000 a up TIME Warranty Period Amount Applied On Excess of Prior Bracket $2.500 $2,500 plus It $5,000 plus 0.75% $16,250 plus 0.5% $31,250 plus 0.25% The time permitted for construction of the work will run from issuance of the Notice to Proceed through the dates for Substantial Completion as specified in Agreement between Owner and Contractor, unlcss a spccific completion date is specified. The term "day(s)" as used in this Agreement shall mean "calendar day(s)" unless specifically stated otherwise. All warranty periods and obligations accruing to the Contractor through completion of the work shall be considered to begin on the date of Substantial Completion (or the Owner's beneficial occupancy of the work, whichever date is later). The Contractor shall begin the work as soon as possible after issuance of the Notice to Proceed and shall prosecute the work expeditiously and with adequate labor and materials. However, the work must begin within thirty (30) days after Notice to Proceed, unless the Owner decides to extend this time, at the Owner's discretion. Time requirements stated in this Agreement are of the essence to this contract. The parties, recognizing the difficulty of quantifying the damages and inconvenience suffered by the public when a public project has not been completed within the time allotted, agree that liquidated damages shall be utilized to measure any loss suffered by the Owner by reason of the contractor's unexcused delay. The amount of liquidated damages shall be set forth in the Supplementary Conditions. The parties explicitly agree that the amount of liquidated damages bears a reasonable relationship to the requirements of this contract and to the potential inconvenience suffered by the Kenai Peninsula Borough. Claims for extension of time will only be considered if they affect "critical path" items, specifically identified in the schedule net- work required in Paragraph 4.2.1 and in the Supplementary Conditions. Any claim for extension of the contract time shall be made in writing to the Owner not more than twenty (20) days after the commencement of the reason for the requested extension. Otherwise any claim for extension of time or extra costs shall be waived. KPB-GC' $ Worm loon R � i i PAGE 00700-37 T1 f tE L z5iiabn 'FEDERAL PUBLICATIONS INC ' CLAIMS & THE CONSTRUCTION OWNER r_1 Course Manual m f 1. ,. .s lr � THE AUTHORS This program was prepared by the two members of the Course Faculty - whose qualifications are set forth below. It represents countless hours of Intensive research, analysis and organization. LF Roy S. Mitchell Senior partner in the Washington D.C. law firm of Lewis, Mitchell b Moors. Author of a selection or monographs and papers on construction law problems. Lecturer for George Washington University, the Universities of San Francisco institutions of learning. firmer Chairman of the American Bar Assn.'s Section of Public-Co�trBp _lew. Member of the American Arbitration Assn.'s National Panel of Arbitrators. Evans M. Barba et G' ?m President of The Arkhon Corporation (Cherry Hill, N.J.) - a contract man- agement consulting firm. Specialist In the avoidance* analysis, preparation and resolution of construction claims. Registered Professional Engineer and Registered Professional Planner. Has lectured extensively throughout the United States and Canada for universities and professional societies on construction claims issues. Member of the American Arbitration Assn.'s National Panel of Arbitrators, and numerous professional associations. I I 314 was L L W aone IM, 1 that the contractor will not be able tc timely and the contract, may then obtain completion by others at the contractor's expense. Under a Termination for Convenience clause the owner may terminate the contract, without committing an actionable breach, whenever it is in the owner's best interest to do so. This is a parti- cularly important clause to have in a contract from an owner's point'of view because of the flexibility it allows. (si payment A provibiwa in every contrRpt of obvious significance is the Payment clause which usually calls for payment based on a percentage of contract completion, with the owner retaining a set percentage, such as 10%, to insure that the con- tractor fully performs his work- (see Paragraph in 3.2.1 of the AIA Form A201, Appendix the contract which allow the owner to change the contract or to suspend the work are not necessarily covered by this clause and are usually considered separately for payment purposes. ,• N j b. RISK MINIMIZING CLAUSES In an -effort to insulate itself from be imposed by other contract liability which may clauses or impliediy in law, an owner may include exculpatory clauses relating to (1) Coordination for Delay, (3) Site E - Requirements, (2) No Damages Investigation, (4) Subsurface Data and (5) Site Availability. Such clauses are legally valid but by courts interpreting them, may be read strictly depending upon the facts of the case and the juris- diction involved. - (1) Coordination Requirements Jf" On a large construction project where ------ ;j - �'� I several contractors are working aide by side, or - it is necessary that the work be coorZc ; succession, that each contractor will be able to perform = .` Hated so his part of the work when the time arrives. other- in r - - -� �? j� wise a contractor who is delayed significantly aspect of performance will impact sub- ? some early sequent contractor's progress and the owner may find contain .:� himself liable as a result. Many contracts which attempt to insure that one contractor I ;! clauses will not adversely affect anther's progress by toto- the quiring that the several contractors coordinate themselves. If the contract does not 3' work among 39 i ..esww�wwUGATIO nIwa. - _ -- - - t i •--- A N SUPPLEMENTARY CONDITIONS OF THE COWRACT O j O��A she following supplement, modify, change, delete from or add to the General Condit of the Contract for Construction, AIA Doctment A201, Thirteenth Edition, August 1 ana specifically are mace a part of the contract cumen s. Where any Article of General Conditions is modified or any paragraph, subparagraph or clause thereof to v*41fied or deleted by this supplement, the unaltered provisions of that Article, paragraph, subparagraph or clause shall remain in effect. ARTICLE 1: CONTRACT DOCUMENTS -01 _......._ {" b. 1.3 i - r is i ARTICLE 21 2.2.6 y .j Definitions: Add the following paragraphst (9> Index The Index hereof and the cAptinnn of the Artirlon and Paragraphs hereof are for convenience only and shall not be considered in resolving questions of Interpretation or construction. Notice of Termination The term "Notice of Termination" as used in the Contract Documents is the written certification signed by the Owner or his representative and certi- fies that the Work has been substantially completed or that the Work has been abandoned by the Owner or that the Contractor is in default under the terms of the Contract. The Notice of Termination may be filed with the Clerk of Court for the Parish in which the Project is located as provided br_Louisiana R. S. 9:4822. as amended by Act 724 of 1981. Ownership and Use of Documents: Add the following: Revise the first sentence to read as follows: 2.3.1 - All Drawings., Specifications and copies thereof furnished by the Architect are and shall remain his property, except as may be otherwise provided in the Agreement between the Architect and the Owner. For this particular project the maximum number of drawings and specifica- tions furnished to the Contractor free of charge is ten (10). Additional copies which the Contractor may request will be furnished at reproduction cost. ARCHITECT Add the following to the paragraph: Because the Owner has contracts with both the Architect and the Contractor, the Owner may communicate as it deems necessary. A copy of all written communications from the Contractor to the Architect or from the Architect to the Contractor shall be sent concurrently to the O.aner. Add the following to the paragraph: The Owner shall perform all review and accounting of all costa set forth In any Contractor's Application for Payment and will naUe all such , determinations within ite sole discretion. Such doterni.natiuns arc not sub- ject to referral to the Architect nor to arbitrution procoodin;:A. j r1 41 N 41 N b. - i r F P�aP . of ,,�► �. TE yFF PAYMENTS AND COMPLETION _ 166P 1,0 Applications for Payment; Delete paragraph 9.3.1 in its entirety and sub- stitute the following: 9.3.1 - At least ten days before the date for each progress payment es- tablished in the Owner -Contractor Agreement, the Contractor shall submit to the Architect an itemized Application for Payment in a form acceptable rto the Architect, the Owner, the Trustee and Lender, which shall be sub- taitted in five copies. The Application will be for an amount equal to ninet (90�L) ereentsof the Contract or s Fee earned, of the value of labor and materia a incorporate nto t e Wor , an o£ raateria s suitaess store at the site t ereo up to a ast ay o e prev oua carton tfie a re ate amount o rev oua a ants a rove a PP notarized if required, shall a supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require. The retains c: 51�a11 not be due the rnnrractor until the expiration of the thirt (30) da claim and rivile a an su m ss on to the Architect of a certificate from the Clerk of the Court that no statement o£ claim or privilege was file . t,t9 �� j4C :r5 io% 3o v� �e Add the following paragraph 9.3.G: fp(i A F F 9.3.4 - Each Application made by the Contractor shall constitute a war- ranty to the Owner that the Work has progressed to the point indicated; that to the best of the Contractor's knowledge,information and belief, the quality of the Work is in accordance with the Contract Documents, subject to an evaluation of the Work for conformance with the Contract • -Documents as set forth in -paragraph 9:5.1, to the results of -any sub- s9quent tests required by or performed under the Contract Documents, .to minor deviations from the Contract Documents correctible prior to completion; and that the Contractor is entitled to payment infthe pamont unt requested. However, by Asking payments upon any application received by the Owner, the Owner shall not thereby be deemed to repre- sent that he has made any on -site inspection to check the quality or quantity of the Work, or that he has reviewed the construction means, methods, techniques, sequences, or procedures or that %,e has made any has examination to ascertain how, orfor what tpofpol the�Cotst of or used the moneys previously p o the Contractor's Fee. Certificates for Payment; Add the following to paragraph 9•4.2: i nee of a Certificate for Payment by the Architect toIthe O"neT, The ssua does not include any cost accounting review of the Contractors pp Lion. Progress Payments; Delete paragraph 9.5.1 in it-, entirety and substitute { _ the following: j( 9.5.1 - After the Architect has issuNd a Certificate foror`�n�°daeurict�ta- Owner shall review the Application for Payment, the su,{? -. tion and the Certificate for Payment and perform an accounting of they-„ - - costs allowed in the Owner - Contractor Agreement. Thcrcaf:�•r,:_t1i� C�.,•ner -+ shall make payment in the manner and within the tiir., prrvidre in t11t Con- _• tract Documents. F -7- r �I O N • p1 M s p {t7 M W WWW p 0. 1+ 00 m N M+ p M1 OM O p p 4 N �'• C C G C � iroi Oqi Opo p W 6bi � it a»� W O D � y C „ � iY tl � � „ Il m » F~I M M M M " Y� •� 7 M fa M • • •� yy L •z �7 •g op y otl O O 60 m N 4 co la cl O f0 W W W n m o w •a m a M wph n R O 16 O ~ � tl •O tl'a7 6 �� Mts 0 in P• O G F "� 0& lgih r•t h0► loll 8 go P N O P W M W W H� 1!1 N N N P N V 1A •D N V W�pp NN V W OI ONpVpP VPVOI OOGO VOI OV4�yO1 VOVOln• WO•NPO �OO NOpI nNVpp• O�•O O N O ODD O O Oo Oo tl V N O S raa O O O O O f M � E g E¢ 2 E 7 A E § � � � \ � ■ � § \ \\1 \ / } $ to ��k K I a* kk"w § 2 g { (( k\\ k k 2 7 K( e 227 \ - §\� E � - ®■ { kk/ tE � � G i g a n i 0 0 ap ON1 Om P N O cob 34 c a r. to ' f•� �. N n� +n � r r.� � � r w r. o� r r w w � a N uwi ram+ p"p.�ri to I O S S O O OD O O C O O G § • � � � .. ._ { . j Ka � I § � § @ c� 2( ■�2 © 2 � ■ � ; � Ve� In . � � § � E k I � � \ § . 2 E ° E � � E ' k I � I � E / co % 0 s o s —I 4 •Y 0 y. 1 .iAl d 1 Suggested by: Administration 9 CITY OF KENAI ORDINANCE NO. 1159-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000,000 FOR THE KENAI BOATING FACILITY, AND TRANSFERRING $324,622.41 WITHIN THE PORT FACILITIES FUND. WHEREAS, in 1984 the City received a $1,000,000 grant from the State of Alaska for a boating facility, and WHEREAS, in 1981 the City received a $643,500 grant from the State of Alaska, matched with $71,500 of other funds, for a Port Facilities project, of which $524,622.41 is unencumbered. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Boating Facility (Dock) Capital Project Increase Estimated Revenues: State Grant #7/85-217 $1,000,000.00 Increase Appropriations: Administration $ 3,000.00 Inspection 78,000.00 Construction 919 000.00 S1q000'UUU.UU BE IT FURTHER ORDAINED that the following transfers be made in the Port Facilities Capital Project Fund: From: Site Aquisition $ 149,978.00 Eivyineering 590644.41 Other Engineering 25,000.00 - - -- - - - Contingency 90,000.00 To: Construction $ 324,622.41 i i i i Se i PASSED BY THE COUNCIL OF THE CITY OF of August, 1986. TO ATTESTS JdiowL Whelan, City Clerk First Reading: August 6, 1986 Second Reading: August 20, 1986 Effective Date: August 20, 1986 Approved by Finance: eqlj . . . . . . . . . . A A w r n F 1� July 28, 1986 ;r Y_ ` t0: Harbor Commission: ..,ES Marvin Dragaeth Allen Houtz Leon Quesnel Tom Thompson SUBJECT: KENAI BOATING FACILITY Gentlemen: CITY OF KENAI 210 FIOAL00 KENAI, ALASKA ii011 TELEPHONE 963 • MS A Harbor Commission meeting was set for Friday, July 259 1966, at j 3:00 p.m. Since Leon Quesnel was the only one who showed up, we simply held a work session. - - We went over the preliminary plans of the facility at this work ` session. Other members of the Harbor Commission are urged to stop by City Hell and review the plans. Please find enclosed the following for your review: 1. Preliminary Design Report ='} 2. Preliminary Cost Estimate .'... 3. Estimate of operating costs and revenues A' We are very anxious to bid this project so that the construction can = start right after the commercial fishing slows down and be completed Al'', before the 1987 fishing season. It is a very tight schedule and the ►. ` ._..._..._ .._ ...::�; key is to get the project started as early as possible. At this time we have a tentative schedule as follows: First Advertisement: �` --- "- -'---- Plans Available: Corp Permits —= - --=- -' BID DATES Council Award: .c Notice to Proceed: l r. Construction Completes i August 15, 1986 August 18, 1986 August 25, 1986 (Estimate) September 17, 1986 September 17, 1986 September 27, 1986 (Start construction) June 15, 1987 L i it mmission 3uy 28, 1986 j Page 2 I am sending this to each member of the Harbor Commission. Please 1 come in and look at the drawings. Also it might be a good idea to have another meeting so please call Janet Loper at City Hall to help schedule one. Sincerely, - Kai h Kornai s, Director i Public Works Department KK/aw i Enclosures °a. ' cc: Bill Nelson Charles Brown Bill Brighton i Janet Loper ., 3 b. i I I July 28, 1986 TO$ Harbor Commission: G.-3a CITY OF KENAI %O d eae4W 4 4" 110RIOAL00 KOINAI,ALASKA 99611 TE MMONS M- 7535 Marvin Dragseth Allen Houtz S, Leon Quesnel Tom Thompson SUBJECT: KENAI BOATING FACILITY -t; Gentlemen: o 4 - A Harbor Commission meeting was set for Friday, July 25, 1986, at 3:00 p.m. Since Leon Quesnel was the only one who showed up, we simply held a work session. ' We went over the preliminary plans of the facility at this work P Y P Y -� session. Other members of the Harbor Commission are urged to stop by City Hall and review the plans. Please find enclosed the ( following for your reviews . - 1. Preliminary Design Report „ 2. Preliminary Cost Estimate `a 3. Estimate of operating coats and revenues 'i We are very anxious to bid this project so that the construction can ql start right after the commercial fishing slaws down and be completed before the 1987 fishing season. It is a very tight schedule and the keyis to get the project started as early as possible. At this time we have a tentative schedule as follows: # First Advertisement: August 15, 1986 _._-_____--._-_ _-_ __- Plans Available: August 189 1986 CorpPermit: August 250 1986 (Estimate) BID DATE: September 17, 1986 Council Award: September 17, 1966 Notice to Proceed: September 27, 1986 (Start construction) V Construction Complete: June 150 1987 7 Mmmission Juy 289 1986 'Page 2 I am sending this to each member of the Harbor Commission. Please come in and look at the drawings. Also it might be a good idea to have another meeting so please call Janet Loper at City Hall to help schedule one. Sincerely, Ke4'0" h Kornel s, Director Public Works Department KK/sw Enclosures cc: Bill Nelson Charles Brown Bill Brighton Janet Loper I 1' 1 `i - xt. n, eoa KENAI, ALASKA 89811 r CCINSUL'nNG ENGINEERS MURAL / CIVIL / PLANNING July 22, 1986 .� R.. J ` Keith Kornel i sA�+0 Public Works Direct " City of Kenai fro jyai 210 Fidalgo St. Kenai, AK 9961 i •• Res Kenai Boating Facility'- Estimate of Operating Costs and Revenues Dear Mr. Korneliss , As requested, I have gathered information regarding operating and maintaining the proposed Kenai Boating facility. The facility has been designed for minimal maintenance costs. For example, the dock is to be constructed of galvanized steel pilings and a concrete deck. annual maintenance on these should be limited to periodic inspection by a qualified Professional Engineer to assess corrosion. The cranes should only require minimal minimal maintenance such '•+. as occassional greasing by the dock employes since high quality, new equipment is being specified. The dock office is to be constructed of low maintenance aluminum }i•ar •' plate and auto safety glass. '�': • . The restroom facility consists of split faced concrete masonry units (block) walls with a monolithic concrete slab on grade + foundation. The concrete used for the manufacture of the block •'''. walls will contain a color pigment so that �1.t%�. ;:•: p g graffiti can be sand- f'''' blasted off if necessary. Vandal resistant prison type plumbing fixtures have also been specified to reduce maintenance costs. It appears that it would be destreable for the City to have a .: concessionaire operate the facility. However, for the pupose of this estimate I have assumed that the City will hire a Dock Master to work for a three month period anually on a contract basis. Additional labor would be hired as needed during peak use ; periods to keep the facility open for 24 hours per day. it is estimated that 1500 man hours would be required in addition to the full time Dock Master in order to keep the facility open 24 hours per day for 90 days. Estimated revenues will come from charging a wharfage fee of 2.5 cents per pound for seafood brought over the dock. For this estimate we assumed 1.8 million pounds of seafood crossing the Kenai dock. This amounts to 309000 pounds per boat annually for 60 boats. L L I 1; Keith Kornelis July 22, 1956 - Page 2 . ............... . . Other - revenues would come from fuel sales gallon mark-up (current rates vary from 10 - and from a $50.00 fee for use of the ' grid. These figures are preliminary in nature an refinement. Sincerely, " Wm. J. Nelson & Associates ze Wm/ J. Nelson, P.E. Principal WJNebsg attachments t s KENAI BOATING FACILITY ESTIMATED ANNUAL OPERATING AND MAINTENANCE COSTS (1986 Dollars) OPERATING & MAINTENANCE 1. Electricity (Power $4300+Service Charge .ii $2100+Demand $600) $ 7,000 2. Telephone (avg. $100/mo. X 6 mo.) 600 -- - 3. Restroom Maint. (60 days X $50 + 120 days ' divided by 7 X $50) 3,900 _ F = 4 ` - } f 4. Waste Oil Removal (1500 Sal. X $.70/Gal.) Septic & Holding Tank Pumping (3 X $250) 1,050 750 ,l..y 5. yrs 6. Solid Waste Collection ($100/mo. X 6 mo.) 600 7. Grade Access Road & Parking (16 Hr 8 $25/Hr)* 400 S. Lawn Maint. (6 X $50 + $200 Fertilyzer, etc.) 500 _ 8 9. Pull/set Grid Fenders (32 M-Hrs. @$25/Hr.)* 800 ' 10. Lighting Maint. (Mat'ls, equip, labor) 1,000 11. Periodic inspection (1/Yr X 8 Hr X $150/Hr) 1,200 12. Winterization & Start up (32 M-Hrs X $25/Hr) _ - 800 - SUB TOTAL: 18,600 - SALARIES ' Dock Master (3 Mo. X $4000/Mo.) 12,000 Labor (1500 M-Hr. X $10/Hr.) 15,000 --------=:-: SUB TOTAL: 27,000 TOTAL: $45,600 10 % Contingency= 4,500 $50,100 Assumes City of Kenai personnel and equipment. No charge for i City owned equipment is included. jj } .jl..` 1 L KENAI BOATING FACILI ESTIMATED ANNUAL REVE (1986 Dollars) FUEL SALES: 60 Boats X 1,000 Gal./Boat X $.125/Gal, GRID: 60 Boats X 1/Season X $50 WHARFAGE 60 Boats X 309000#/Boat X $.025/# 0 I 4. n fir. I h 215 FIGALGO, SUITE July 259 1986 Keith Kornelis Public Works Director City of Kenai 210 Fidalgo St. Kenai, AK 99611 . KENAI, ALASKA H 3d11 CON5ULTING ENGINEERS STRUCTURAL / CIVIL / PLANNING RE& KENAI BOATING FACILITY - PRELIMINARY DESIGN REPORT Dear Keitht 1901.1 863.35M Attached are Preliminary Specifications, Cost Estimate, and Oper- ation and Maintenance Projections as well as Revenue Projections for the project. I would like to take this opportunity to point out various aspects of the project for your consideration. DOCK AND TRESTLE The dock and trestle configuration is essentially the same as stated in our Conceptual Plan presented with our proposal. The trestle as designed is 200 feet X 16 feet instead of 220 feet X 16 feet. The dock itself measures 36 feet X 168 feet instead of 36 feet X 150 feet. The dock was made slightly longer to allow more room for the fueling facility and to allow manuevering room between ends of boats tied up to the dock. As currently envisioned, four of the 95 percentile boats (up to 36 feet per TAMS, 1984) will be able to dock simultaneously and to end. This would allow 3 offloading stations and one fueling station simultaneously. If the boat on each and of the dock is allowed to protrude 9 feet beyond the dock end, this will allow for 14 feet of manuevering space bet- ween each boat. The west face of the dock is located approximately at the eastern edge of the river channel, at the toe of the slope. At this location the river bottom is approximately 4 feet below Mean Lower Low Water. Based on the assumption is that 95 percentile vessel requires a 5 foot operating water depth (refer to TAMS, 1984)9 the dock should be accessable to such vessels at least 90 percent of the time between May 1 and September 309 the design use period. This estimate is based on review of data from the 1986 DDT's Fishing Guide Tide tables, an observation of the river bottom made during April 1986 and on the assumption that water levels roughly conform to the "one quarter, one tenth rule" adjustment to a cosine curve for tidal fluctuation. 3 J- . r, �i _'. iE lit F Kenai Boating Facility - Preliminary Design Report July 25, 1986 - Page 2 The dock and trestle support structure is to be constructed of steel piles protected to approximately 10 feet below the mud line by galvanized coating. Dock support piles will vary in diameter from 30 inches along the west side facing the river current on down to 16 inch diameter batter piles on the interior portions of the dock. The piles will be capped with precast concrete pile caps and ledger beams. This method will allow for quick construction by allowing the pile caps to be produced while the piles are being driven. The pile cops can then be set as soon as the piles are driven without forming, pouring and curing delays. The dock surface will be precast, prestressed concrete channel beams. The use of prestressed beams allows for more efficient use of the material while precasting allows both the economy and the quality control available by producing the beams in a factory situation when compared to cast in place construction. Joints in pile caps and channel beams will be grouted in place. A prefabricated steel guard rail will be bolted on top of the trestle deck reducing the useable width of the trestle by approx- imately 1 foot. A galvanized coating for the guard rail is specified to insure low maintenance. One inch diameter vessel wash down hoses will be provided at each crane location and at the fueling facility. Dock fender piles are designed with a 'pin pile' system so that they can be removed each fall to avoid damage by_ winter ice flows. FUELING FACILITY & FIRE PROTECTION The fueling facility will include two 7500 gallon above ground steel tanks. The above ground location was chosen due to in- creased concern regarding fuel spills and underground tanks. The tanks will be located within a lined secondary containment dike. Fuel will be piped underground from the fuel storage tanks to the trestle abutment. From the abutment to the fuel dispensing hoses the pipes will run along the edge of the dock on a pipe rack. Fuel dispensers will be automotive type hoses and nozzles with automatic shutoff valves mounted on manual rewind reels. Mechan- ical type fuel meters will be provided for gas and diesel. In lieu of a fire pump, the Kenai Fire Department has requested a 3 inch fire line with 2-1/2" Fire Department fittings at each end of the trestle. 0 I L mea Kenai Boating Facility - Preliminary Design Report July 259 1986 - Page 3 DOCK OFFICE To assure low maintenance and resistance to oil, fish Burry, and physical damage, the dock office is specified to be constructed of 1/8" aluminum plate with auto safety glass windows. No inter- lor wall finish has been specified. REPAIR GRID . , + The repair grid will be located on the downstream side of the -5-. .. - .. trestle. The grid will be approximately 16 feet X 32 feet and should easily accommodate boats up to 45 feet in length. Replac- t sable fender piles will be located along the edge of the trestle . to mark the grid location and to provide a tie up space. The i.j grid will be constructed of steel piles and cross beams with ti heavy timber cushion beams bolted on top of the cross beams. } The grid will be located at a minimum elevation of +10.5 feet MLLW and will slope up the bank at 5.3 degrees, or approximately the slope of the bank. We have assumed a required operating depth of 4 feet for the grid instead of 5 feet as was used for the dock since vessels will normally be unloaded prior to going . on a grid. The grid would therefore provide at least 4 hours dry" time" for a typical tide cycle and would be accessible even ,f s .i I i� n 1 1� „ at a lower cycle high tide of 13.5 feet. LIFTING CRANES We have specified pedestal mounted electric/hydraulic lifting cranes with cable winches and telescoping booms. The cranes are rated at 16,000 pound maximum capacity and can lift up to 21300 pounds with the boom fully extended to 37 feet. The cranes are located at 40' - 0" on center along the west side of the dock. It should be noted that it iD possible for cranes to collide since they are capable of moving through a 375 degree slowing pattern. Location of cranes with, overlapping slowing patterns is not uncommon in dock side situations. The reason is that in order to provide required versatility in docking loca- tions and offloading techniques, the cranes must be able to overlap in their use areas. The cranes have been specified without "marine conditioning" which consists of special painting along with stainless steel cylinder lift rods and pivot pins. The price difference for marine conditioning is approximately $4,000.00 per crane. Marine conditioning could be specified if the City desires. ' r s; e t�. k i, Kenai Boating Facility - Preliminary Design Report July 25, 1986 - Page 4 PUBLIC RESTROOMS AND SHOWERS The restrooms and showers have been designed for low maintenance. The floors consist a of painted concrete slab on grade. The walls are split -faced colored concrete masonry units (block). The color is inherent throughout the CMU and can be sandblasted to remove graffiti. Plumbing fixtures are stainleRs steel, van- dal resistant, water conserving type similar to those used in prisons. Piping will be contained behind a chase between rest - rooms, where possible, to provide easy access by maintenance personnel. Two showers in each restroom have been provided. They are equip- ped with self closing timed valves designed to deliver tempered water only. An electric hot water heater will be provided. The water supply system -will be designed to be drained during he winter months to prevent freezing. Darin line and fixture traps will need to be filled with a non toxic form of glycol to prevent freeze up and breakage during the winter. STAGING AREA/EARTHWORK Approximately 8,500 cubic yards of sand and 1,500 cubic yards of gravel fill will be placed in order to construct the staging area. Filter fabric will be placed on the existing grade prior to filling. The staging area when completed will be approximately 270 feet X 500 feet. Plans call for providing slope protection along the west bank of the staging area. The slope protection will consist of gabion baskets filled with 12 inch minus rock. The purpose is to prevent erosion due to river currents and ice movement. As designed the slope protection extends up to 26.5 feet, the esti- mated extreme high water level. ONSITE WATER AND SEPTIC An onsite well, located near the easterly boundary has been designed to provide potable water for both the restroom and boat washdown. Water for fire department uses will have to be from tankers or could possibly be drafted from the Kenai River. A conventional onsite septic system has been designed for the facility for subsurface disposal of wastewater generated by the restrooms. The system consists of a 29500 gallon dual comport- ment septic tank with a pair of 1,200 square feet leach beds. The leach beds are valved so that they can be operated Individu- ally on an alternating basis. [a r 10 -I I ' Kenai Boating Facility - Preliminary Design Report i • } July 259 1986 - Page 5 - A leach bed system was chosen in lieu of a deep trench due to the thin zone of fill material available for effluent treatment. The leach field has been designed to be as high as possible above the t` native, relatively impermeable soils. Thus, the septic tank, r sewer line and leach bed are subject to freezing and should not be used during the winter months. In addition to the septic system, a holding tanlr has been designed for collection of wastes from marine sanitation devices (ports pottys). These wastes contain chemicals that are j" detrimental to the biological processes of a septic system and j should be kept out of the septic system for this reason. y; The septic and holding tank should be emptied each fall as part �? .. of the winterization process. " MISCELLANEOUS IMPROVEMENTS 4 y. At the request of the Alaska Department of Environmental Conser- vation we have also included a waste oil collection tank and a slab for a 5 cubic yard trash receptacle. The waste oil tank will handle crankcase oil generated by vessels using the j facility. .t PERMITS We have applied for a permit from the U.S. Corps of Engineers (Wetlands Permit). The 30 day public notice and comment period ` ended July 18, 1986. A decision should be reached by the Corps L in approximately 35 days after the 30 day public notice period ended. Barring unforseen objections or delays, we expect that �,- the permit will be approved on or about August 259 1986. This is- '' based on a conversation with the Corps Permit Analyst on July 24, f _ 1986. : The ADEC has requested a temporary delay in order to receive a response from the Soldotna Office of ADEC regarding the septic system. I have spoken with ADEC in Soldotna and expect their ;:- - -- -� response to go to Anchorage by July 25, 1986. ADEC in Anchorage '! told me that if they received a response by July 25, 1986, that -�°`. ----- - they would be able to stay on schedule. j When final plans are available, we will submit them to A.D.E.C. for approval of the onsite water system and the restrooms. is m l' Kenai Boating Facility - Preliminary Design Report July 25, 1986 - Page 6 i' Prior to operating a fueling facility, the City will need to file lb a Spill Prevention and Containment Contingency Plan (SPCC Plan) with the U.S. Environmental Protection Agency and will need to ;•;' �� submit a Letter of Intent to operate the fueling facility to the ff ? U.S. Coast Guard. The Coast Guard will then need to inspect the t completed facility for compliance with 33CFR9 Part 126 and Part ;y 154. ! The completed plans will also need to be submitted to the Alaska 4 State Fire Marshall's office for review and comment. A review fee will be required. 4 COST ESTMATE A detailed preliminary Cost Estimate is included under a separate ' cover. '( { OPERATION AND MAINTENANCE COSTS Operation and Maintenance Costs and Estimated Revenues are included submitted under a separate cover. 6 BID ALTERNATES :x Y As called for in the contract, we have prepared the plans to allow for bidding of several alternates includings 1. Fueling Facility 2. Cranes 3. Restrooms, Showers, Septic System In Addition, I suggest that the following alternates also be bids ' 4. Repair Grid j 5. Parking Lot Lights . These items are not essential to the basic facility yet would be ' = beneficial if sufficient funds -exist for their inclusion in the + proJect. SURVEYS We have attempted to verify the boundary of the site but have x; found discrepancies in recorded surveys that are in conflict. Specifically, the exact location of the right-of-way for the access road to Tract A is not apparent. The attached sketch i' entitled "Right -of -Way North End Boat Launch Road Kenai" shows the three way conflict between the location of the boundary according to original government surveysl Plat No. 79-9 K.R.D. and the Deed of Gift granted to the City by the Coyles. The ' intent of the City G$Y have been to dedicate 30 feet of City L i i b I' t• . Kenai Boating Facility - Preliminary Design Report ` July 25, 1986 - Page 7 , s owned property for right-of-way on the west side of the boundary between the boat launch property and the Coyle property. As you f: Ban see by the sketch, the 60 foot right-of-way shown on Plat 79- ;; 9 appears to encroach on the Coyle property. For preliminary design we have located all major improvements ! n west of the westerly boundary of the Coyle property and west of ;t the westerly boundary of the 60' foot right-of-way indicated on Plat No. 79-9. The apparent conflicts do not present a problem to this project. �r. . However, I recommend that the City initiate a field survey and s necessary platting/replotting procedures to resovle the conflict. If the City decides to dedicate 30 feet of right-of-way west of '. the boundary between the Coyle property and Tract A, then the i fuel storage tanks and secondary containment pit would have to be moved from the location shown on the Preliminary Plans. s OTHER SUGGESTIONS 1. Although not originally included in the proposal, it may be a good idea for the City to explore the possibility of includ- ing a fish pump for offloading boats in lieu of a crane. Recent technological advances in wet vacuum fish pumps have made them a practical and efficient way to offload fish. } 2. A completed facility, including restrooms, showers and { expanded parking pad would be an ideal place for recreational vehicle campers to stay and enjoy the Kenai River sport fishing. Close access to the boat launch, fishing, down town 'entertainment and shopping would be strong drawing points -for :. the facility and would be a good source of revenue. Recrea- tional vehicle campers willingly pay up to $10.00 per night without hookups for smilar river front camping on a gravel pad. Assuming a 90 day season with an average of 10 vehicles per day would generate $9,000 in additional revenue for the facility. ;r Kenai Boating Facility - Preliminary Design Report July 25, 1996 - Page 8 3. We are currently investigating the possibility of incorporating an electronic credit card control system for recording crane usage* fuel sales, and wharfage. These systems work similar to electronic bank systems and could result in the dock beino able to operate without personnel resulting in a larg cost savings to the City. Sincerely. Wm. J. Nelson b Associates WmJ. Nelson, P.E. Pr;ncipal WJNtbsg Attachments 4 F j 1, 4 1 Y 'jSS b �d' ... . r. {! it } i KENAI BOATING FACILITY PRELIMINARY COST ESTIMATE July 25, 1986 ' I 1 Prepared By: WM. J. NELSON & ASSOCIATES 215 FIDALGO ST., SUITE 204 KENAI, ALASKA 99611 (907) 283-3583 r KENAI BOATING FACILITY PRELIMINARY COST ESTIMAT July .25, 1986 BASIC BID I. Dock & Trestle 2. Parking Pad Expansion 3. Slope Protection 4. Dock Office S. Wellhouse & Well & Water System ,4 6. Signage V 7. Electrical Service/DocService/DockElectrical i !�` 1 S. Curbing 9. Holding Tank ' 10. Waste Oil Tank & Slab SUB TOTAL 15% CONTINGENCY }. BASIC BID CONSTRUCTION BUDGET $1,087,500 163,000 1,250,500 ADD #1 Fueling Facility 74,00„6 ADD #2 Cranes 155,000 ADD #3 ,Restroom, Showers, Septic 109,000 ADD #4 Grid 30, , joO f ADD #5 Parking Lot Lighting 19,500 - -- ---. --- + + Cost of Telephone and Electrical Service to site. �p Refer to Glacier State and H.E.A. cost quotes. ! L T- -- - -- -N-',----f - -- -- -- - `ttN a n i t. tif KENAI BOATING FACILITY BASIC HID ITEM NO. i DOCK & TRESTLE PRECAST CHANNEL BEAMS Dock: 168'X34' = 5712 SF Trestle: 16' X 2100' + G' X 40' = 7- S 92325 5F Price FOB'Seattle = $10/SF Barge Cost = $110,000 Placement Cost = $5 SF /SF: 10 + 5 + IInAAf-WI 9,232 = $27.00/SF Total Cost in Place = 27 (9232) = PILE DRIVING Assume production @ 2 Piles/day Equipment and crew @ S5,000/day 52 Piles $2500 ea. _ PILE MATERIALS .... ..- WT/PT X # X Length 20X3/B: 78.60 X7 X 71 = 43,246# .+ 16X3/8: 62.58 XB X 65 = 32,541# "'. 3OX3/8: 118.65 X11X 60 = 86,140# .:.. 3OX1/2: 157.5.3 X 4X 60 = 37,807# ' 24X5/8: 171.29 X 4X 60 = 41,109# 24X3/8: 94.62 X 14X51 = 67,559# ` y 24X1/2: 125.49 X2X 50 = 12,549# 320,951# $0.40 _ $12 - Total Piling Cost: FENDER PILES 10" Pipe 40.48#/FT :-: - - ---.- ' - - - ; 18 @ 50': 18 X 50 X 48.49 Pile Driving 900/Pile = 43,6320 $0. 40/# at = 18 X 900 t Total Fender Pile Costs ! MISC. STEEL 1 Rails @ 33#/Ft. 416 X :3A3 13, 728# 6 Ladders @ 495# ea. = 2 ,9701t L L. �i 30' Double Futter Caps• { 4 a 11000 = 4, 41 Single Patter File Ceps '1 8 @ 450* _ '_., 6 �+ Vertical Pile Caps 6 @ 1600 9 1 = 24" Double Batter Caps it a 10 @ 360N Trestle Cap pL 10 @ 5008 a 5, f Misc. Hardware Bearing pL, angles, Etc. - ..... ... 41,i CAST -IN -PLACE AND ON -SITE PRECAST I �A ; Edge Beams: 340 LF 5.2 Ft3/Ft .:. End Beams: 68 LF 3.33 Ft3/Ft Trestle Caps: 109 LF 4.0 Ft/3F . _ Trestle Abutment: 24 7.0 Ft3/F TOTI 2,598 Ft3 = 96 Yd3 $650/YD CRANE FALSE WORK: $20/SF (Assumes temporary piles may be removed to the mud line.) Trestle 20'X 200 = 4,000 SF Dock 20'X 160 = 3,200 SF TOTAL: 7,200 SF $20/SF CONCRETE FILL FOR PILE RESISTING ICE 160 Yd3 $250/Yd TOTAL FOR DOCK: CONTINGENCY 15%: Basic Bid Item No. 1 - Page 2 of 2 $144 , 000 $829,601 $124,440 4:954 , 041 KENAI BOAT BASIC BIE PARKING PAC FILTER FABRIC Ei 200' X 250'/9 X 1.00/SY = 5.55E TYPE I FILL (GRAVEL) (190'+170')/2: (170'+130')/2: t :{ STA 5-6 STA 4-5 X 1001+ 150, X 100, ' = 39,750 CF y 39,750/27 X 10.00 = 14,722 TYPE III FILL (SAND) j; 10,040 CY - 1,478 CY = 8,568 C) ° 8,568 CY X 5.00 $42,840 s GRADING & COMPACTION 50 Hrs @ $100/Hr ROUND OFF: $69,000 $68, 600 N KENAI BOATING FACILITY BASIC DID ITEM NO. Z it SLOPE PROTECTION NOTE: SLOPE IS 200- LONG Z. 2.4 WIDE USE 8 COURSES OF 12*X7 GASION BASKETS !v X a courses ba5ketts 12 '/Basket Amount of rock Fill = 136 X 1-33 CY/Bas'!:et = 101 Cy - IT Baskets: $75/Ea. X 136 Rock Fill: 1131 Cy X $15.00/Cy 2715 Labor: M-Hr/Cy X jai Cy X $50/M-Hr tii Equipment: 362 M-Hr X 1/4 Hr/M-Hr X $100/Hr = 9050 Slope Fill: 7' X 14'/2 X 200/27 X slo/Cy = 3630 Filter Fabric: 20'X200'/9 X s1.00/Sy = 444 ROUND OFF: $44,000 z. --- - - ------ Ij Z-2,700 $18,100 -v9, too $3,600 $400 T 44,100 KENA I BOATING FACILITY j { It BASIC BID ITEM N0. 4 L elf DOCK OFFICE I•: At # WINDOWS: 15.00/SF X 24 SF = I WALLS: - 4X8'X8' X 3.00/9F (1/H" Aluminum pL)Jk _._ - t FLOOR: 8'XO' X 7.00/SF (3/161, Diamond pL) _ STIFFENERS 4X4X8 X 2.00/LF = 7 FLOOR JOISTS: 4XB' X 5.O0/LF - ROOF: 8'X8' X 3.00/SF (1/8" Aluminum pL) - COUNTER: 16'X2' X 3.00/SF tF ' HARDWARE: _ Materials Sub Total: t. 15 % Mart: Up t LABOR IN SHOP: 40 Hrs X $50.0O/Hr s �i DELIVERY & INSTALLATION: - General Contractor 15% 0 & P: {:I t a $448 $256 � $160 ' 1 $19d $96 --$100 $360 ' $2, 000 $400 j $5,140 $770 $5,90U i { I { I i a KENAI BOATING FACILITY BASIC BID ITEM NO. 5 WELL HOUSE, WELL, WATER DISTRIBUTION SYSTEM & FIRE LINE WELL HOUSE: 0'Ne' X $60/SF $3,040 General Contractor 15% O&P = $576 $4 , 416 $4, 400 ELECTRICAL (Per Electrical Consultant) $1,500 WELL, PUMP, TANK (Per Mechanical Consultant) $10,500 DISTRIBUTION SYSTEM (Per Mechanical Consultant) $12,000 FIRE LINE (Per Mechanical Consultant) $9,000 $37, 400 ROUND -OFF: $37,500 r-. 0 KENAI BOATING FACILITY BASIC BID ITEM NO. 6 SIGNAGE ti 20 Signs Q $200/sign i. 3t BASIC BID ITEM NO. 7 SERVICE & DOCK ELECTRICAL (Per Electrical Consultant): BASIC BID ITEM NO. 8 WOODCURBING 8"X811/12 = 5.33 BF/LF 5.33 BF/LF X 500/1000 X $2000/MBF = 5,330 i r N i{ 1� S 4 S� *6,S00 KENAI DOATING FACILITY BASIC BID ITEM NO. 9 HOLDING TANK 1500 Gal. Tank: Manhole Cover: Cleanout Cover: Slab: 14'XB' X 4.00/SF = 448 Excavation & Backfill: 16'X8'X20'/27 X 6.00/CY - 568 Misc. Labor: B Hr X $50/Hr General Contractor 15% 0&P: FOUND OFF: $3,500 BASIC BID ITEM NO. 10 WASTE OIL TANK & SLAB Slab: 16'X8' X 4.00/SF = 512 Tank: Site Preparation: General Contractor 15% O&P: ROUND OFF: $2,500 L L '1 I i �4i ►l) $450 i $ 660 :i:41:►fj , .. $2 , 950 $450 $3,400 KENAI BOATING FACILITY s i ADDITIVE ALTERNATE NO. 1 FUELING FACILITY STORAGE SYSTEMS 2 Tanks @ 3500/Ea. f Tank Painting: :1 Fittings v Vents: { Shipping: 2 X 400 Installation on cradles: 4 M-Nr X. 2 X $50 p Cradles: T Cy; Tani- X 2 X T650/Cy Berm: 14 SF/LF X 44'X4/A'7 X $20/Cy �4 Liner: 50'X50' X $2.50/SF = 6250 Drain Pipe & Valve: { Fence: 64'X4 X $20/LF 5120 Liner Protection: 50'X50' X.33/27 X S215/Cy = 611 Spill Monitor Device Wiring it Sensor: General Contractor 15% O&P: Fuel Storage System: $33,100 Fuel Supply System: $40,800 $73, 900 Round Off: $74,000 L t .t $7, OOQ :� 1 , Ijf►f► I. :Irt;GG :E041j 1. 1 , 80C► t6, 300 �5C►0 $5,000 :£600 $1,000 i $28 , 800 $4 , 300 Z33,100 ii KENAI BOATING FACILITY h }; ADDITIVE ALTERNATE NO. 2 ii CRANES �'. Crane N Boom (Nation 437): 24,9:5 X = 74,775 i Power Pack It Controls: 1.3,325 Y, Zn 40,575 Shipping: 1,00o X 3 Installation &Set up: General Contractor 15% O&P: ROUND OFF: $155 , 000 C 7 �{ , 0�:►0 $16,5C►4 i114,9�jA $2�J, 1 � . KENAI BOATING FACILITY ADDITIVE ALTERNATE NO. " RESTROOMS '< SEPTIC SYSTEM RESTROOMS Architectural: 20'X34' X $50/SF Plumbing: (Per Mechanical Consultant) Electrical: (Per Electrical Consultant) Sitework/Fill: 90'X100'X2'/27 X 10.00/CY SEPTIC SYSTEM Tank & Shipping: 20 LF 4" D1: 360 LF 4" Perf. PVC: 80 LF 4" PVC Headers & Fittings: Drain Rock: 2400 SFX1'/27 X $20.00 = 1780 Sub Excavation: 80'X120'Xi'/27 X $5.00 = 178►:► Labor: 24 Hrs @ $50/Hr Equipment: 24 Hrs @ $100/Hr Valves & Valve Box: General Contractor 15% O&P: ROUND OFF: $109,000 X2. ;00 :i2C►0 $2►10 1.200 $1,80!► t1,Boo $1,2100 $2, 460 $1,000 $94,7► 0 $14,200 KENAI VDATING FACILITY ADDITIVE ATTERNATE NU. 4 GRID i ! PILE DRIVING << $1500/Pile X 10 piles 4 PILE MATERIALS 16X3/8 Pile 62.580/FT X 1OX25' a 15,645## - ----- ' 15645 X $400 = 6250 PILE CAPS `a 16'X48#!/X 5 X $.60 = 2304 ii .. FIELD WELDING } S20/Hr X $50/M-Hr ` CUSHION BEAMS (TIMBER) 8"X"8"/12Xl6'X5 = 426 BF 426 BF X $2.00/BF = 853 CUSHION BEAMS (LABOR) 8 M-Hrs X *50/Hr FENDER PILES 10"0 40. 48#/FT X 25' X5 = 5060* 5060 X .40 = 2024 BRACKETS f 10 @ $200 ROUND OFF: $30,000 ADDITIVE ALTERNATE NO. 5 E' PARKING PAD LIGHTING ---- Lighting: (Per Electrical Consultant) i w L .115,000 $900 $ 400 t $2, 000 000 s-�q, 900 $19,51-JO ,1 1 p r. MOLA • o AEMCIATUD, INC. PROFENON& e4GINEERS, SURVEYORS 6 PLAN EEFIS VIP August 1 • 1966 � l� 1 Mr. Keith Kornelis, Director Department of Public Works 210 pidalgo Street Kenai, Alaska 99611 s RE: M.A.P. PROJECT - REQUEST FOR TIME EXTENSION ` Dear Keith: ' Reference is made to my letter of July 8, 1966, concerning the ;f time extension request. This correspondence is to support the i�. specified request based upon specific delays other than the t contractor. h Attached are detailed situations, weather comparison and addtional work increasing times of completion. The most drastic _ cases are delays created by local private utilities in relocating, lowering and removing conflicting facilities. Based on the foregoing and the attached, a contract substantial `{ 1 completion date of August 1, 1986, is recommended. Sincerely, Bruce Robson, P.E. -- McLane and Associates, Inc. ki BR/sm cc: Zubeck, Inc. ... _ . .1i j P.O.60X 499 90LOOTNA, AK 99e69 907-293-e1219 L L ow M.A.P. PROJECT (1985-1986) A. Early Shutdown and Slowdown Due to Weather: The Contractor intended to work into November 1985 as long as possible. Locally acceptable winter shutdown schedule for Kenai area is November. 1. Due to early extreme cold weather (well below normal) work was slowed substantially and shutdown ordered early. The following are daily temperatures during later October 1985. October 19 Clear 18OF 8 am 21 Snow/overcast 190P 9 am 22 Cloudy 20OF 9 am • 23 Clear ' loop 9 am 24 Clear 30P 6 am 25 Overcast 110P 9 am 26 90P 9 am 28 Overcast 250P 10 am 29 Clear 120P 10 am 31 Ptly Cloudy 120P 8 am November 1 Clear 00P 8 am 2 Clear -90F 8 am Kenai average monthly temperature Alaska Climate Center October ave. max. 42.60P ave. min. 27.7oP ave. mean 35.2°P November ave. man. 29.60P ave. min. 13.50P ave. mean 21.50P B. Additional Work items Increasing Days: East Magic 1-6" sewer service (Tree Top) 1 day East Magic 2-2" water service (Tree Top) 1 day Pox 6" sewer main stub out/shift M.H. '1 day Pox .8" sewer C.O. added w/M.H. shift 1/2 day East-Aliak 6" water 6 sewer main on.Chintina Circle 1 day Move mail box clusters/add culverts 2 days Total additional days: 6-1/2 days C. Delays By Private Utilities Outside of Normal Expected Conficts Covered tinder the Contract: ENSTAR NATURAL GAS CO. Pox Street: Gas line down center of street, Enstar didn't relocate this line until June 10, 1966. Enstar was aware they t 1 had to relocate line before project started last year. Contractor had to wait on this street, then even work around the line until it was relocated. A gas leak was encountered and reported on this street on June 12th. Enstar responded and repaired. Leak apparently from relocation work of prior two (2) days. Aliak/McCollum: Gas line at intersection required relocation and ower ng SuE was not worked on until June 30, and July 1, 1986. This line should have been lowered much earlier in the project. Estimated delay days - 7 GLACIER STATE TELEPHONE McCollum: Phone company relocated and lowered cable on this street Tn early June, the cable was not deep enough and was torn out by dirt subcontractor. Phone company did not return to relower until July 17th and July 21, 1986. North Linwood Lane: Pedistal required to be relocated at intersection w t Kenai Spur. McLane and Associates, Inc. and Contractor called G.S.T. several times and finally received verbal response on June 10th. G.S.T. didn't relocate until June 16th. Street was already excavated with exception of G.S.T. facilities area and was awaiting backfill. Estimated delay days - 10 j HOMER ELECTRIC ASSOCIATION Princess Street: Guy wire not relocated until late last fall, Contractor completed work this year that could have been done :. last year. East Aliak: Major transmission line guy wires at intersection of Kenai Spur Highway not relocated until flay 1986. Contractor had to work around these lines. Excavation in street was completed last October 1985, with exception of these guys. West Aliak Ditch: A substantial number of power poles required relocating. They were not done until late last fall after Contractor worked around them. These poles slowed his ditch excavation between McCollum and Cinderella along Aliak. Estimated delayed days - 4 }}` The foregoing utility delays are well outside the scope of the item the Contractor was contracted to ascertain and/or coordinate L 1 � _ �t) A 1 J . x. with under "Existing Utilities In Construction Zone". The Contractor worked around a considerable number of utility problems including those by H.E.A. during their strike of Pall 1585. The number of delays are based on comparison of the work schedule provided by Zubeck, Inc. and actual schedule created by delays. D. Summary a. Weather days loss 9 days b. Extra work additional 6-1/2 days c. Utility delays 21 daye Total Days 36-1/2 days Actual work was substantially complete by July 21, 1986. Pinal drive through inspection with City of Kenai and substantial completion accepted July 30, 1986. The requested time extension of 30 days to August 1, 1986, is acceptable in our review. Project cost will not be increased outside of scope of work other than unit prices of additional work. L s CITY OF KENAI ki i. r0d pdal " 4 210FIDALGO KINA1,ALASKA M11 TFLEPHON820-MS k I it July 30, 1986 G 1( Mr. Bruce Robson McLane & Associates Box 466 Soldotna, AK 99669 SUBJECTS MAP PROJECT -TIME EXTENSION Dear Mr. Robson: I am in receipt of your letter dated July St 1966, concerning a time extension on the above subject project and have verbally discussed it with you. The City of Kenai does invoke liquidated damages when they are properly due. We do not give time extensions without proper documented and supported evidence that a time extension is legitimate. please provide such documentation along with your recommendation and the City will be glad to consider it. Sincerely, Keith Kornelis, Director Public Works Department KK/sw W, ail" 4 O Mo • U AAMCCIAWNIINC. PAOF�SSIONAL BVGINEEFIS. SllFiNEY0A8 8 PLANNB�S July 8, 1986 ' Mr. Keith Kornelis, Director s City of Kenai Department of Public Works A 210 Fidalgo Street Kenai, Alaska 99611 RE: M.A.P. PROJECT COMPLETION TIME EXTENSION REQUEST Dear Keith, ... On July 1, 1986, we received a request for Zubeck, inc. for a . thirty t301 day time extension for the subject project. Contract date for substantial completion is July 1, 1986. Attached is the . ` letter from Zubeck, Inc. requesting the time extension. In general, I agree with his request, Bill has pursued the project in a diligent manner. Be did encounter some problems s throughout the project with utility relocates, but has assisted 4. in working around these as best he could. Presently, all water and sanitary sewer main extensions have services in operation on t these. Some minor street work exists along N. Linwood and Fox a Street, but in general the majority of the streets are nearly 3 complete. i ... 4 it is my recommendation to concur with the Contractor's request and extend the completion date to August 1, 1986. The time ! extension wil not result in incresed budgets or alter final i projects costs. Sincerely, Bruce R�Son, E. - - =; McLane and Associates, Inc. WA • a BR/am Attachment (1) cc: Mr. Bill Zubeck Zubeck, Inc. Y: P.0.60X 496 90LOOTNA. AK 99689 907-263-4219 C 0 ZUBECK INC. 7983 KENN SPUR HWr KENAI, AtASKA 99611 (907) 2n3991 r ;i ji Mr. Bruce Robison MC LANE & ASSOCIATES Box 468 Soldotna, Ak. 99669 ,1 RE: MAP Project Dear Bruce t We are requesting a thirty day time extension on the MAP project, t do to additional quantities, early fall work stoppage, and a late spring start do to frost, surveying, and other problems. CAll of the water, sewer, and storm drain are tested and complete. There is just a small amount of work left to be completed --on the roads. Signs and seeding are scheduled for next week. Sincerely, i ZUBECK,INC. A Bill E. Zube , i President BEZlbmz -t t; f t f i i .i �t , '1 I s i� r C.U. Seth L'U ell C.O. approved by oil q CHANGE ORDER NO:3 Project M.A.P. Initiation Date 7-28-86 Contractor 2ubeck, Inc. City of Kenai You are hereby requested to comply with the follotving changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) Basic Bid Schedule "B" 60.02 2" Water Service 2 @ $2000.00 $ 4,000.00 Misc. Remove and Re -install Mail Box Clusters 750.00 5 @ $150.00 Add. Alt #4 Schedule "B" 50.02 6" Sewer Service 1 @ $1800.00 1,800.00 Add. Alt #3 Schedule "B" 70.02 Seeding and Mulching (Spur Hwy.) (1) 33M-S.F. @ $55.00 1,815.00 Net change in contract price due to this C.O. $ 8,365.00� . CHANGE IN CONTRACT TIME 3 Original Time July 1, 1986 Previous C.O.s CHANGE IN CONTRACT AMOUNT Original' Contract Amount1,665,095.00 Previous Change Orders _(61,513.85) This Change Order + 8,365.00 Revised Contract Amount 6l1 946.15 - F (Attached) (UNK Is full Justification of each Item on this C.O. including its effect on opermtlon'nnd maintenance costs. this C.O. Is not valid until signed by both the Owner and 1'11alneer. Kenai City Council has to approve nil C.0-9. Contractor's slgna ore Indicates his agreement Herewith. Including any adjustment in the Contract sum or Contract time. :r BI- - McLane and Assoc. Inc py r: _ rC :;� By �✓ ngsneer Date July J0, 1986 ntr or Date caner �1 CT t o U.J.1.,tl d t y C 6v.fucd list L3%) (Jtcs • Ck--•— 4¢ ZUBECK, INC. General ContracOng 7983 Kenai Spur Hryi KENAJ SKA 99611 (907)283-3991 LETTER Date fop, Subloct J e —A4. e— ;1- 1,4 lc,/ 4 r-C eD �-Zqp,9.0-0 CA. see C STONE 0 Please reply ❑ No reply necessary r FRYKHOLM & SCHAAFSMA APPRAISAL ^1 = 189 South Binkely, Suite 101 10817 Kenai Spur Hwy., Suite 201 Soidotna, Alaska 99669 Kenai, Alaska 99611 , 5 4 262.5822 283.5822 3 r - -' -- November 12, 1985 4... i 1 .i - i McLane 6 Associates Bruce Robson Soldotna, Alaska 99669 BE: Water & Sewer Service down Magic Street. ,. Dear Mr. Robson: As per our conversation of October 18, 1985 this is my authorization f to you in behalf of my father to stub out a 2" water line and a 6" sewer line off of Magic Street which will be adequate to service all 4 fo -plexes kn n as "Tree Top Apartments". I S care , ry h r vLF'/ich :. • .41 • j 1 1 ZUBECK, INC. General Contracting 7983 Kenai Spur Hwy. KENAI, ALASKA 99611 (907) 283.3991 To DON PERKINS CITY OF KENAI 210 FIDALGO KENAI, AK. 99611 F LETTER Date 7--7-86 Subiocl MAIL BOXES ON MAP PROJECT DEAR DON: ll - - AS PER YOU INSTRUCTIONS, FIVE MAIL BOXES WERE' MOVED AT A PRICE OF $150.00 EACH. c� SIGNED i I { ZUBECK, INC. General Contracting 7983 Kenai Spur Hwy. KENAI, ALASKA 99611 (907) 283.3991 To DON PERKINS CITY OF KENAI 210 FIDALGO KENAI, AK. 99611 F LETTER Date 7--7-86 Subiocl MAIL BOXES ON MAP PROJECT DEAR DON: ll - - AS PER YOU INSTRUCTIONS, FIVE MAIL BOXES WERE' MOVED AT A PRICE OF $150.00 EACH. c� SIGNED i I { 0 �.. .,.CITY OF KENAI • r .O. BBOOXa�l0�• KENAI, MASKA • `PHONE 183.76:11i .tf.•. tit �z�, r•,;:[i`:• .r:'� h?c�♦ fit•, i `a:`F ` •'+"•�e:l'tiV"':..]4i •i �J 1� �'4.9."�'i•V- S.'� �•e �•'..f..•Fj DATE REFERENa �: ��� .�� . • .. � �-moo,.,- '�- - . ". '` G`ti�tt �at . --� �it..�►e t.tt4 _ � N�'�- •/:L� '�t � .h����y; - � �,• '_ �.. "_ � ",. _ � i`` �; :�.�_�eae. ��w+TMJTi,"�-5:%n•tif �A•r-.4�'�t'c�:eGrb%+,�.r ..:`+•'�'r""�" {{jj �....-v � �' 'w���rwi ?' •-±-��r�ws � .... �' �1'nu� ��.�.:.a+.t.- w- � ��z�'! :� :;i:�:•:r�P '3.e'� ;e c :. _ •. 14 t �i-;{1 1 ! t' sl�.��` ... . - _ .'{j1ii - .•!4`�'•'�.ri1•t i.�7� ,�.: '4S'�' ''W?•�u.-.•."-.v.`4t .��".K'r...� .�.�1� _.�L -'�,.-,•' ,`�R•�!�::��''Sts:.: •.i• •111:; y_ •"W'" . . y _..y. �{' `C• iQ.'. .%�j: %,•j.•ylSI:y i(y. .-��i . •i'�•'�.s.Zl:. w�l!f'S�:l;�i*�••'�!��.' '..';',.%{o'•��.' -•i•�; t�l'r•.r •Nu'w•. ,''�Y•j.Y'i� .•,wL•:rr• %_ Y ;4;(�3'•• ,f..i�.F.�•�.TI+1 ,�."fl�¢ �r*.•yxI` ��'7-t�i't�..• •,•.i".Y-�.;t;;f'' •__.� [ .-• .!• :�- - a et _ SIGNED DATE _ __—. _._._ _.- __ _ ,ram •� i`•�. «a• _. .- - 1 [ .. -.. _. _ _.9•, r. .. _ ... __- _ _ _ ..:.a.+.� r' ,j I i� .t -1 STATE OF ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES UTILITY CDNSTRUCTIOWCONNECT PERMIT Permit Numbs 0 0 -03(d Dates Permission Is hereby granted to to construct a �'wlthln the Department of Transportation & Public Facilities right of way located 414 9. 99 Mailing ddress: OA1zU!g'M ZdW-0/-, Foreman s- Municipality Connect Permit Number (if applicable) Utility Permit Issued to The Pormittee agrees to comply with the following desl9fated provisions: A certified check In the amount of will be submitted as a bond to b? hold bg the Department of Transportatlon anlhPubllc Facilities oft I a I w rk 13nd c�ea?yg has been approved by 0 Department of Transportation & ub Facilities. scheduling of work under this 2. _A::fO"The Pormittee shall agree to the s, permit by the Dep pnt 21 Transportation and shall commence work :nd be compi permit oted by work 9-" Traffic safety will be mall(talned at all times. 4. 4--"Work area will be properly slgnpbd to be In compliance with the Department of Transports on u 11c Facilities requirements. 5. Flow of traffic will not be affected by any work under this permit. 6. The road prism will not be affected by any work under this permit. 7. All work covered bthispermitshall be In compliance with the attached special provisions. J 16. t--� The Permittes assumes all liabilities that may arise as a result of ormIttee's presence within the right of way. 9. This perm t will be on the job site at all times during construction. J NOTE is If the Permittee or his contractor falls to comply with any of thl above or attached provisions or reqor, this permit will be void.uirements of the Department o Transportation & Public Facilities InSPGCT NOTE 2s The Permittee agrees to forever indemnify the State of Alaska and the Department, or either of them IncludInv Its aients and contractors against save them harmless from all ilabi Ity or dam go to property or Inurto or death of persons, Including all costs and expenses Incident oreto rising ing wholly In gart fr9m or in connection with the eKistence of construction, a Iteratio maintenance repair, rene reCOnSTructIon operation$ use or ral, 9 removal of he said Facll(ty as It pertains t the State property. X4 m carSigna i Kr Permitted signature 4 �1 0 F 0 Page 1 —of 8 Permit No.^1-117600-86-131 KENAI SPUR STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES UTILITY PERMIT Approval — _ �=--� Dates May 2 Os_ 1986 Recommended: _ Rog Ion: Dental Titles aaa•eaaa**s*s*a*as*sas*asasaaaaessss*sa**ra.aar THE STATE OF ALASKA, acting by and through the DEPARTMENT OF TRANSPORTATION AND PUALIC- ES hereinafter called the DEPARTMENT, under provisions of AS 19.25.010 and AS FACILITIES, t P m1t to the CITY OF KENAI 19.25.020. grants a Uttil y er . of the Permlttee, permission to construct, Install and thereafter perform hereinafter called routine maintenance, use and operate a water line hereinafter called the Facility, located as follows: alongthe north side of the Kenai Spur Highwa from McCullom Drive east for - - a roximatel 700 feet ; M.P. 9.07 to 9.20 I-�--- -- —_i= of the acquired and utilized In the operation along or unddertproperansportation theaforementioned locations and/or --=. across, System, at and maintenance of plans specifications and special provisions with pia , P positions, and In strict conformance ' made part hereof, and not otherwise. !: attached hereto and with the Facllity, the Permittee agrees to comply i In accepting this Utility Permit for the 010, AS 19.25.020 and AS 35.05.040; the terms, requirements and the Alaska Administrative ; provisions of AS 19.2g. P t forth in Title 17, Chapters 15 and 40 of regulations as se 650 and the Procedures A?he �Departments t .....: Code, as But under Administrative Commissioner of4the or Issued by applicable policies, dlrpctives and L L I 7 °4 r in consideration of the benefits accruing to the Permits" by reasons of the foregoing agreement, this old agreement Is hereby accepted by the Permlttes end the old Permits** hereby agrees to comply with all of the terns, provisions, conditions and stipulations therein contained. Dated this — — day of , 19 THE COMPANY OR PERMITTEE City of Kenai a of pant' By. �. Title City Engineer , Attest�1 Tide Project Engineer McLane and Assoc. Inc. ACKNOWLEDGEMENT OF COMPANY OR PERMITTEE STATE OF ALASKA 3rd JUDICIAL DISTRICT [_ Page of Permit No. The State of Alaska, acting by and through its Department of Transportation and Public Facilities has caused this Utility Permit to be executed on the day and year herein acknowledged below. STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FPCIL1T ES DIVISION OF GHW1VS r C TRALT101 1'► Tide Regio 1 Ut lities En ineer DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ACKNOWLEDGEMENT a STATE OF ALASKA BE IT REMEMBERED that on this - S day of 3rd JUDICIAL DISTRICT R BE IT REMEMBERED THAT ONTHIS.�^ day of 4 .19 �e before me, the undersigned, • Notary'Public of the State of Alaska, personally appeared J 952! , before me, the undersigned, a Notary Publil of the State of At p onally appeared )d eK I �S�ZO r 6SO'.' and r912(Ce )Ceo both to ma personally known and known to me to be the identical of the Department of Transportation and Public Facilities known tome individuals named in and who executed the foregoing permit, and to be the Identical person who executed the foregoing Agreement and acknowledged the aid Instrument to be •ha free and voluntary act and he acknowledged to me that he executed the same for and on behalf of dead of the above named company for the uses and purposes therein the State of Alaska. Department of Transportation and Public Facilities axprestad and on oath sated that they were authorized to execute old with full authority so to do, and for the uses and purposes therein Instrument. expressed. STATE Of AM" IN WITNESS WHEREOF. I have her Aas myhandand affixed the IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the Sal of my Offlce the day a Veer film M eprlrfenl PUBLIC Seal of my Office the day and year above written. SWAN A. M"N6 My G:-+mixon Erpiroo MY cc Expire: MY tolnelUelon bores My mmi n Expires: embor 4, Ifte 'Vu A Notary Public A Notary Public Or a, • t • • • • • • • • • • • • • * t • • • ♦ • • • • • • is • • is • • • • • • • • is is • When applicable or required this Utility Permit has been reviewed and approved: Chief Utilities Engineer Federal Highway Administration Data 19 Title , Onto L 4 Page 6 of 8 i-117600-86-131 SPECIAL PROVISIONS l+ ' BY A SIGNATURE ON THIS UTILITY PERMIT THE PERMITTEE PROMISES TO COMPLY WITH ALL OF THE SPECIAL PROVISIONS BELOW. IT WILL BE THE PERMITTEEIS RESPONSIBILITY TO FAMILIARIZE HIS ;6- CONTRACTOR OR CONSTRUCTION CREW WITH THESE SPECIAL PROVISIONS AND INSIST UPON STRICT COMPLIANCE WITH THEM. A COPY OF THIS PERMIT SHALL BE ON THE JOB SITE AT ALL TIMES. � _ 1.0 COORDINATION b i 1.1 The Permittee shall agree to the scheduling of work under this permit by the } Department of Transportation and shall commence work on or, about ASAP and be completed by October 1, 1986. - 4 1.2 All work and work scheduling shall be coordinated with the Department of Transportation maintenance foreman, Chris Kepler, Phone numbers 262-4414. 2.0 JUFFIC QQNTROL 2.1 The Permlttee shall provide during the duration of construction adequate signing, 7; barricades, and traffic control devices conforming to the last revision of the Alaska Traffic Manual as Interpreted by the Department of Transportation. - 2.2 The Permittee shall maintain two-way traffic at all times. 2.3 The Permittee shal l have no parked equipment or material on the road surface at any time. 3.0 BA IF I LL 3.1 The Permittee shall provide lateral trench support as necessary. F i :. `• 4.0 PAVEMENT REPLACEMENT 4.1 Pavement will not be affected by the work covered under this permit. + ......n. :: 5.0 RE -SEEDING AND TOPSOIL 5.1 The Permittee shall replace any topsolI lost as a result of construction under this _- A* permit. 5.2 The Permittee shall re -seed as requested by the inspector for the Department of Transportation. 6.0 MfANUP RESPONSIBILITY 6.1 The Permittee or his contractor will be responsible for winter and spring maintenance of the road shoulders, ditch IInes, backslopes, road surfaces, taxiways, and runways that have not been left in a neat and clean condition, satisfactory to the Maintenance Section of DOT. f 6.2 Upon completion of the work within the State right of way or State property, the Permittee shall remove al equipment, dispose of al waste material and shall leave the premises In a neat and clean condition satisfactory to the Department of Transportation. _;; • f rrH L . r 17i CW 5' R„ CITY OF KENAI Dd Goa#4d 4 Aar MO ROAL 00 KFNAI, AL "KA "S" TEMMONENS• 7535 MEMORANDUM TO: William J. Brighton, City Manayer FROM: Keith Kornelis, Public Works Director DATE: July 31, 1986 SUBJECT: NEW STREET LIGHTS FOR: COUNCIL MEETING OF AUGUST 6, 1986 Ron Rainey of HEA, has written the attached letter dated June 24, 1986 which states HEA will install new street lights. HEA will bill the City on an existing yard light rate. The City will also have to pay for installing each new light unless the light is installed on an existing pole that has secondary power. Attached is the list of new street lights that have been requested by the school bus company and citizens. HEA has requested we move as rapidly as possible concerning any requests for new street lights. Possibly we should confirm the list with Council and check to make sure we have not forgotten anyone before requesting an installation cost estimate from HEA. KK/sw Attachments -- A i i i t .. .. -u a JL06001fttico3mo Xw RIDGEWAY DISTRICT: 30130 KENAI SPUA HIGHWAY 0 SOLVOTNA. ALASKA 90669 0 49071202.1 June 24, 1986 Mrs Keith Kornelis Director of Public Wor 8.- 61. City of Kenai 210 Pidalso St. Kenai, Ak 99611 Dear Keith: This is in response to you letter of May 25, 1986 concern street lights for the City of Kenai. You letter covered two areas of concern, existing street lig and new street lights, Street Lights I. Existing A. We will work through you to reach an agreement by which City Electric can change out the street lights in Woodland Subdivision for HEA. B. HEA will accept the 250 watt fixtures but do request that the ballast be multitap so that existing under- ground wiring may be used. C. HEA will continue to maintain and operate these fixtures and will bill the City for time and materis as in the past. Us New Street Lights A. HEA will install new street lights as requested by I City of Kenai. These will be billed on our existLnj yard light rate and installation cost for other that existing pole and secondary will be borne by the Cil Be The unmetered street lights? Is unnecessary to ansi as it is covered in "A" above. C. HEA will install our standard yard light fixtures which are an open face diefuser 175 watt mercury vapor lamp, the 250 watt high pressure sodium ,, �'` enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head fixture. The city may request a specific head based upon location and purpose of light. :I C z. } . s. �.r -r i e n Page 2 Street Light/City of Kenai We have a .list of proposed street lights from yo 28, 1988 and we feel this list should be upd+ council action before we proceed. If you have any further questions or we ma assistance, please do not hesitate to contact us Sincerely, Ron Rainey , District Manager cc: Kent Wick, Gen. Mgr. M F� s I ,3 r' 'f - 5 i, Lry r REQUESTS FOR NEW STREET LIGHT AUGUST 1986 Burton Carver's request lists 1. Beaver Loop and Juliussen 2. Beaver Loop and Dolchok 3. Bridge Access and Child's Street across fri 4. California and Second 5, Cook Inlet View and Lilac 6. Evergreen and Fourth 7. Evergreen and Second S. Evergreen and Third 9. Forest and Elm 10. Forest and Fourth 11. Forest and South Stellar 12. Keknu and Candlelight 13. Kaknu and Linwood 14. Kiene and Candlelight 15. Lawton and Wooded Glen Court 16. Pirate and K-Beach 17. Redoubt Avenue (1) 18. Redoubt Avenue (2) 19. Redoubt Avenue (3) 20. Redoubt Avenue (4) 21. Spruce Street - Ballpark (1) 22. Spruce Street - Ballpark (2) 23. Spruce and Fourth 24. Spur and Robin Drive 25. Sunrise and Ketch 26. Sunrise and Lora 27. Sunrise and Muir 28. Sunrise and Pirate 29. Sunrise and Set Net 30. VIP Drive and Baleen 31. VIP Drive and Lore 32. VIP Drive and Muir 33. VIP Drive and Sand Dollar 34. VIP Drive and Set Net Other requests: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. A Aliek and Candlelight Alisk and Linwood Bridge Access and Tern California and Wildwood Deepwood Court - end of cul-de-sac Forest and Fifth Forest and North Steller Haller and Fourth McKinley and Second Spur and Evergreen Spur and Lilac Spur and Linwood Spur and Redoubt Stellar and Cohoe - midway near cul-de-sac Wooded Glen Court - end of cul-de-sac 6.� a n CITY OF KENAI G-S b %Del Captdl 4 4" 210 FINWO MAI, ALUM M11 TELFPIIONQ IIW • ldat< MEMORANDUM TO= William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: August 1, 1986 SUBJECT: REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT AND INLET VIEW FOR: COUNCIL MEETING OF AUGUST 6, 1986 I have tons of paperwork concerning the problem of replacing these street lights. It all boils down to this: 1. The Cityof Kenai properly s ecified a light that will work and never i chan a thatspecification nor accepta su s i u e. f C y Electric c had ordered what we specified this would not be a problem now. 2. We had five bidders on this project and not +o_nebidde inTh t�' eluding City Electric, listed an exce tion o e all bid what was specifTe—cF.—It would not us fair to e other bidders to allow a substitute that will not work. City Electric may have gotten a deal by ordering both the Inlet Woods and our replacement lights at the same time and by ordering the fixtures all the same. Unfortunately, Inlet Woods has 240 volt, whereas the replacement light in Woodland need 120 volt. City Electric ll should have ordered what we specified - prewired for 120 volt 4 but also - multi -volt! - so we could use them anywhere. i 3. General Electric can provide what the CitX of Kenai s ecified j Fut they want to charge a rough ea ma e Of approximately x $150/ea) $8,850 more because City Electric ordered the wrong ballasts. 4. HEA will allow CityElectric o work on the lights have acce e e x urea w mu - e a as s an w continue o ma n e n e s es nthe past. k5ee atteched letter 5. General Electric has been hard to work with. They have not returned my calls, they have changed representatives, and they have contradicted themselves many times. They have told me the L10 L 1 � , fixtures and ballast are very common and yet will not let City Electric return the ballasts and would charge a 50% restock fee plus all freight to return the fixtures. 6. The li ht fixture is perfect for the a plication. General ec r c has assured me that the —light was designed for a 15-20 foot pole and would work perfectly for our existing lights. These lights are installed in Inlet Woods Subdivision on poles that are about the same size as the ones in Woodland and they look great. The only difference between the lights in Inlet Woods and the ones specified for Woodland, Redoubt, and Inlet View is the different ballast and power to run them. The physical appearance from the outside would look exactly the same. I would suggest you and the Council take a 1pok at the iagnts in inlet woods. They look great! 7. After a presentation made by Frank Arbelovaky of City Electric, the Council passed the following motions "Consider purchase of the street light fixtures that City Electric had obtained for replacement in Woodland, Redoubt, and Inlet View from City Electric at City Electric's actual invoice cost plus actual invoice shipping costs. The City administration is to then investigate the possibility of the fixtures being used or exchanged for fixtures and poles that can be used on other projects such as Airport Way." I have considered this purchase and I am strongly recommending against it for the following reasons: a. We have no use for these lights since the ballasts require the wrong voltage. In order to make them work and have them installed would cost the City of Kenai an additional $10,000 to $20,000 after paying for lights that do not meet the specifications. b. City Electric wants to charge the City of Kenai $50,575.97 which is more than the bid amount. AND the bid amount was to not only furnish the lights but all the equipment, labor, and materials to make the lights fully operational. 8. ATTACHMENTS A. Memo to Brighton from Kornelis, May 20, 1986 (Status Report numbered 1 - 12.) B. Letter to Kornelis from HEA - June 24, 1986 (HEA approval) C. Letter to City of Kenai from City Electric - June 20, 1986. Includes Graybar letter, General Electric letter, and City Electric invoice - ALL one aided with many false state- mente. L Im . of s R � 'i - rI5 5 9. PUBLIC WORKS RECOMMENDATION a. The Council of the City of Kenai reinforce Kornelis' letter to City Electric dated February 14, 1986 (AS) which atateas 1) City Electric immediately remove the lights from the City of Kenai yard where they were illegally dumped. 2) City Electric furnish and install the light fixtures that where specified in the bidding specifications. This not only includes furnishing but providing all equipment, labor, and material to make -the lights fully operational. KK/sw L t. 5 r { .Y .. ..... .. i f '�u f #5 ..... 71 MEMORANDUM TOt Wm. J. Brighton, City Manager FROMt Keith Kornelis, Public Works Director DATE: May 20, 1986 SU83ECTt STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW a I think maybe the best way to run through this to by looking at the attached correspondence and notes concerning the subject. 1. Bid Specifications 2. City Electric Bid Proposal 3. City Electric letter to City of Kenai 12/13/86 (Fixtures arrive) 4. City Electric letter to City of Kenai 1/28/86 (invoice) r 5. City of Kenai letter to City Electric 2/14/86 (provide what's in Spec) 6. Kornelis memo to Brighton 2/18/86 (status report) 7. Kornelis memo to Brighton 3/5/86 (G.E. can provide what's specified) B. Kornelis memo to G.E. 3/18/86 (reconfirm in writing) 9. Kornelis letter to HEA 3/18/86 (asking HEA to answer in ;. writing) 4 10. HEA letter to City of Kenai 4/23/86 (answer) ; 11. Kornelis memo to Brighton 5/13/86 (Meeting with HEA) l 12. Kornelis memo to Brighton 5/1/86 8 5/12/86 (New G.E. Rep) t� 1 1 'L . +i r a f t { CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 ADVERTISEMENT FOR BID STREET LIGHT REPLACEMENTS F Sealed bids for a contract to furnish materials and labor to replace electric street lights will be received at the Public Works Office, 210 Fidalgo Street, Kenai, Alaska, until 2 p.m., local time, August 20, 1985, at which time they will be opened publicly and read aloud. The following shall be marked in the lower, left-hand corners STREET LIGHT REPLACEMENTS -1985 r . Specifications may be picked up at Kenai City Hall, 210 Fidalgo ; Street. TO BE PUBLISHED: Peninsula Clarion - August 2, 7, 6 14, 1985 1 " 1 INSTRUCTIONS TO BIDDERS 1. All materials offered must be now and of the latest model currently advertised to the general market, unless otherwise specified by this bid invitation. 2. The material for this bid is as specified. The material is such that it will be interchangeable with the lights in Inlet Woods Subdivision. 3. All bids shall be submitted exclusive of Federal, State, and i local taxes. However, if the bidder believes that certain taxes are properly payable by the City, he may list such taxes separately, in each ease directly below the prospective item bid price. 4. Assignment of contract or subcontractors shall not be permitted, and claims of subcontractor due to cancellation of contract will not be recognized. S. AWARDS will be made based upon all formal competitive bide received prior to bid opening. All bids will be guaranteed for 30 days from the bid date. 6. Bidders are instructed to use this and attached forms in submitting bids. 7. Ali bidders should inspect job sites prior to submitting bids. CONDITIONS 1. Formal bids will be rejected if not received at the issuing office prior to the time set for bid openings. 2. The City reserves the right to reject any and all bids, to waive minor deviations from the specifications, and to waive any informality in bids received, whenever such rejection or waiver is in the best interest of the City and unless otherwise specified by the bidder, to accept any items in the bid. It also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who is not in a position to perform to contract. _...._._...._. __..... ____-._ 3. In case of default of the Contractor, the City of Kenai may ____ _ _ procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. 4 4. In case of damage to City property in fulfilling this contract, the Contractor shall reimburse the City to the extent of such damage. i i i ' n 5. The Contractor shall hold and save the City, its officers, agents, and employees, harml000 from liability of any nature or kind, including costs and expenses, for or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, unless such suits or damages arise from carelessness or negligence on the part of the City or its employees in the performance of their assigned duties. The City shall not be liable for any costs incurred by the bidder in bid preparation. 6. No officer or employee of the City of Kenai shall be admitted to any share or part of this contract or of any benefit that may arise therefrom unless it may be made with a corporation for its general benefit. ;s -- - . L L r t 60-1.4 EQUAL OPPORTUNITY CLAUSE A (b) FEDERALLY ASSISTED CONSTRUCTION CONTRACTS. Except as otherwise c provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, t or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be =- incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 -: CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, 't ' contract, loan, insurance, or guarantee, the following equal opportune y --- clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applic"t'. for employment because of race, color, religion, sex, or national origin. are E The contractor will take affirmative action to ensure that applicants _ employed, and that employees are treated during employment without regard r, to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection .' f for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimin- ation clause. (2) The contractor will, in all solicitations or advertisements for .l. employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without ' - regard to race, color, religion; sex, or national origin. (3) The contractor will send to each labor union or respresentative or workers with which he has a collective bargaining agreement or other contract or -understanding, a notice to be provided advising the said �- labor union or workers' representatives of the contractor's commitments .- under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. t (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. ' '} (5) The contractor will furnish all information and reports required by '-_? - - ---- -A- Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimin- s ation clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies ; t e. J r i� .. T. .R ,r n,s :AL_ 7 5 Equal Opportunity Clause Page 2 invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROMED, HOWFVFR, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: PROVIDED, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compli- ance of contractors and subcontractois with the equal opportunity clause and the rules, regulation%,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satis- factory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. A - + y f MMIM I i TECHNICAL SPECIFICATIONS STREET LIGHT REPLACEMENTS LOCATION 1 Street light fixtures, ballasts, and light bulb replacements will be in the areas of WOODLAND SUBDIVISION, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS. (See approximate locations on Sheets A-1, A-2, and A-3.) QUANTITIES bidders shall visit the site before submitting a bid to familiarize themselves with the project. The bidder shall submit a bid on a cost per each unit o ru—rn-T—sh and install fifty nine (59) street light fixtures, ballasts, and light bulbs plus furnish only eleven (11) extra street light fixtures, ballasts, and light bulbs. TIME Of COMPLETION The time of completion is 90 calendar days. Liquidated damages will be $50/day beyond the contract time. LICENSES In order to bid on this project, the contractor must be registered to do work in the State of Alaska as a business and as a electrical contractor and must submit a copy of his business license and his electrical contractor's license. BONDS Bid bonds are not a part of this bid. Performance bonds are not r required for contracts under $50,000. TC-4OOR GUIDE FORM SPECIFICATIONS he luminaire shall be of traditional, colonial design, General 1 Electric ce a o num er TC-400R - C691N758 but with a multi -tan - ballast so It can be used with IZU volt system) consisting or a die-cast aluminum ase s p er or tnree Inch OD pole top, ABS ; plastic housing and canopy and acrylic Lena. The ABS plastic - -- - - ----� canopy shall be hinged to the lower housing, held closed with two captive screws. The TC-40OR shall contain an internal reflector to provide IES (III or IV) roadway type distributions. , i" 1 The luminaire shall contain an integral ballast of the regulator type capable of operating from a multiple (120, 208, 240, 277, 480) volt 60 Hz power source. The ballast shall be Prowired to { the lame socket and terminal bo,er or IZO volt a s em but witn n option to change to Z40 volt System. This shall on 250 watt Lucalox (high pressure sodium). The fixtures shall be the standard color which is black. .�.. Each unit shall have a photoelectric control that operates the .. unit automatically from inside the top housing. .. The successful contractor will be required to furnish and install the fixture, multi -tap ballast, and light bulb on existing poles. rt 1' The contractor will also be required to remove and dispose o r existing fixtures, ballasts, and light bulbs. All additional .. . equipment, labor, and materials needed to make lights Pull . operable shall be considered incidental to the project ands ould '4 3 be included in the unit coat bid. ti.... MINIMUM GUARANTEE Contractor shall warrant the complete project including materials and labor to be free of defects in design, materials, workmanship, and installation. After all the lights are fully operable, they shall be checked by the City and contractor to see that they are fully operable. Two weeks later, all the lights will again be chocked to 8ee that they are fully operable. The contractor will be required to replace or repair all inoperable lights at no cost to the City. `F The lights that had to be repaired or replaced will be continually checked and fixed until they have been operable for two weeks. METHOD OF MEASUREMENT - - This contract is to be paid on a per each basis for all items furnished and installed and furnished only as directed and t=:}- ----- -i subject to approval and acceptance by the Owner. BASIS OF PAYMENT ;. a ant ill be ads et the contract rice for he com leted -- - - ---- ._. _. .. _ .... 4. ro ec an n e quantities authorizedy e Owner. s t-- - --- pr ce all be full compensation for furnishing all materials, labor, equipment, tools, and incidentals, necessary to complete this project in the quantities authorized by Owner. CERTIFIED PAYROLLS 4 The successful bidder will be required to complete and suhmit j certified payrolls for work done to the City of Kenai and the State of Alaska, Department of Labor, Wage and Hour Division. a � Own i e t! L STATE MINIMUM RATES OF PAY State minimum hourly wage rates of pay are part of this contract. COMPLETION DATE Delivery and installation of street light fixtures, balloatat and light bulbs shall be completed within 90 calendar days after ft notice to proceed. Liquidated damages are $50/day. �4 i. I 3`31 There's more to GE lighting han Genera! Electric, tthe eyets r.'M! "'l'C-400 C-400 LUMINAIRES uvnvrat Cttsuirtc I V-4uu ano I G-4uuH distinctive dpcnrativa shana Thaca e•nt G-A-r2MO TCa00/TC ODOR LUMINAIRES luminaires offer energy-eff%ient HID lighting In , luminaires are ideal for shoonino centers. malls- �r . • ..•;.., 1. Flexible light distribution —The rr "; a tj. �1.. . TC-400/TC-400R family offers �n�, I.ES. area and roadway type y; 2a • *► lighting distributions, for a vs. .{t;,•o riety of lighting applications. t rt;,xr}� ISM 2. Long -Life Ourability — The aliptitter for 3 00 tennons isr•�M.?': die cast aluminum for low. maintenance and Is secured xrl by six stainless :�tC�r. 8 ess steel alien head �:4t N.�- ' '=�' '�' ;�• = ` . ^' �' • _X� screws. The housing and hinged canopye y gauge ABS Plastic t0 maintain 6haQa and •1% 9 Y years OfY-'a'T '•Fydtq?:fw::'Z'sv ,AM�'! 2l .. '"�+nrS Color through men w��wr s f e:'.r i2`� j'�.•��. i a�M'.. .. J:I tea. r'+- � '.i•, service. i. Fast. easy maintenance — Two Captive screws allow quick TC-400/40OR GUIDE FORM SPECIFICATIONS Cass through hinged Canopy tto o all electrical and optical components. Ballast Is pre -wired to The luminaire shall be of traditional, colonial design. General the terminal board and tamp socket assemblies. Electric catalog number (specify). Consisting of a die-cast alum- 4. Fast. auto mounting and levelling — Six alien head set screws Inum base/slipfitter for three inch 00 pole top. ABS plastic fasten and level the luminaire on a three-inch 00 pipe, housing and canopy and acrylic lens. The ABS plastic canopy 6. Automatic Dusk -to -Dawn control — An optional photoelectric shall be hinged to the lower housing• held closed with two captive control operates the unit automatically from Inside the top screws. The TC•de IE whewr IV) roadway shay contain an internal housing. reflector to provide IES (111 or IV) roadway type distributions. The luminalre shall Contain an Integral ballast Of the (regulator. auto regulator) type capable of operating from a multiple (120. 208. 240, 277. 480) volt 80 Hs power source. The ballast shell be prewrred to the lamp socket and terminal board. GENERAL ELECTRIC L L FW ot'.•'.t iw �aNi-MwoOwNS:iL,t'l. �I �,. . 52 NO y►-�T e�i�� it 3e PHA OMETRii .ETC-400 Je Typical Curve :35 175629 e 1 applicable 40 P. fees pe fit 57 —_.!• ;. 43 00r ,taf M091N751 t2 /5o•Wa .7fi • a C591N761 2A0 Luealoe Regulator 41 ., �pJ n� C69/N755 I 480 _ q! L C691N261 1201240A 400•Watt al 240 MercuryAuto-Rog S•S•111 45 "i C691N255 I 480 H4000x33-t A120 a 240 volt units are factory wired for 120 volts. a. Units can be reconnected in the herd to 240 volts. OPTIONS: MIN. GTM' Standard color is black. Avail. .• able rn eigqht cecorative colors Refer to GEA-9352 g r• a" P. E. Receotacle: louts are avail• i able with P. E. Receptacles up to 277 to } YOgs.• any — Voltages 208. 277 in ratings shown any - S t — 400•W311 Metal Halide — All voltages 5 �7a { — Lexane panels (TC-400 only) • Order P. E. Control separately ACCESSORY: Finial sit (gold anodized aluminum, set of 4) ,. Cat No. 35-961800.36 MOUNTING: >r Elf. Prof. Area is 3 8 so. N. man. Sbptitter accommodates a r 00 pole top. RECOMMENDED POLES: Suggested mounting height rs 18 feel. For 16• round• tapered anchor base acies. including anchor bolls and bolt Circle templates. Order cate- loq numoers below These poles will withstand up to at least 90 mpne. 1� Pots Cat No. Pole Material i 118• Pole) C690H06X Aluminum • a C760HOIX Steel. Prime Painted C790H06X Steel, Galvanized e { f ; PHOTOMETRIC DATA . TC•400 — - Wass lamb i Distribution Curs Type Number 150. 2=0 400 Lucaloa V 3g-1T5629 400 PhOSOhor Mercury TC-400R Wens LampTypeNumber 011111buoon Cure Lura Oa _ M-N•111 35• I Tfi.91 �'9 - I _ 116283_ • Oro P�OSphOr Mert:Vry I S $ 111 35 116262 GENERAL ELECTRIC COMPANY i Lighting Systems Oepartmenl. Hendersonville. N. C. 28739 i 6/791t5ra1 JP - Rsennt" f•e.,.nu, m 1. I a a ;f BID PROPOSAL STREET LIGHT REPLACEMENTS CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 Furnish all labor, materials, and miscellaneous to replace existing street light fixtures, ballasts, and light bulbs in the areas of WOODLAND, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS as specified, plus furnish only street light fixtures, ballasts, and light bulbs. Est. Unit Cost in Total Cost in Quen. Description Figures & Words Figures 59 ea. Furnish & Install Street $ $ Light Fixtures, Ballasts gures and Light Bulbs ors 11 ea. Furnish only Street $ $ Light Fixtures, Ballasts, gures and Light Bulbs i (Words) GRAND TOTAL COST $ By the signing of this Proposal, the undersigned Bidder hereby _ expressly acknowledges his understanding of his agreement to comply during the performance of any work under any Contract resulting from this bid with all equal opportunity obligations as set forth in the Contract Documents. BIDDER -'' The name of the Bidder submitting this Proposal is r: pit___:_ doing business at Street City State p t, which is the address to which ell communications concerned with this Proposal and with the Contract shall be sent. L ;s {{ li I The names of the principal officers of the corporation submitting (j this Proposal, or of the partnership, or of all persons t interested in this Proposal as principals are as followas t , If Sole Proprietor or Partnership - ! IN WITNESS hereto the undersigned has set his (its) hand this day of , 1985. r } Signature of Bidder _ j' Business License No. Electrical Can rac or s License No. • g{r ' JjI s r. AVE. it MIR IN r4l i oaJ�"/ � / PPR k--a�w+ew F Mo — 3 , iCoW 1. T'S N ope,%,c -rl e2 P%/ INLET VIEW SUBDIVISION i H i ;4 BID PROPOSAL STREET LIGHT REPLACEMENTS CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 Furnish all labor, materials, and miscellaneous to replace existing street light fixtures, ballasts, and light bulbs in the areas of WOODLAND, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS as specified, plus furnish only street light fixtures, ballasts, and liqht bulbs. Est. Unit Cost in Total Cost in Quan. Description Figures & Words Figures 01 'Ft 9 ea. Furnish A Install Street $ 831.67 each $ 49,068.53 Light Fixtures, Ballasts gures and Light Bulbs Thirtye Dollars and Sixty Seven Cents each, or s 11 ea. Furnish only Street $ 801.M each $ 8,820.02 Light Fixtures, Ballasts, gures and Light Bulbs Eight Hundred One Dollars and Eighty 1%m Cents each, (Words) GRAND TOTAL COST $ 57,888.55 .t Iftt t{ Zi([ By the signing of this Proposal, the undersigned Bidder hereby expressly acknowledges his understanding of his agreement to comply during the performance of any work under any Contract resulting from this bid with all equal opportunity obligations as set forth in the Contract Documents. BIDDER The name of the Bidder submitting this Proposal is MYEt2MTC INC doing business at Itt. 1 Box 115 I(enai Alaska 99611 -street City state ZIP which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. L ,■ The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persona interested in this Proposal as principals are as follows: R.C. Sweezey, CEID - - -- -- - — Harriet Wiley, Exec. VP, Dh111 jbVtb US&_VWss4dnnt �. If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set hie (its) hand this day of C 1985. 5 gnat rc of 0'dd Kenai Branch Manager Title UL 003700 SICIM1 AA006 Business License No. Llectrical Contractor s License No. i i yT CITY E L E C T R I C, I N C. ELECTRICAL CONTRACTORS l 1 1700 RAINIMn A,19MI 60. OMATTLM. WAONINOTON 90144 411001 7118.0100 ICM p087 OII004 090 ANCN011AOM. ALAGNA 00901 $M$ 814.4041 0040 MOLT IOAO /AIIIOANNS. ALA011A 00700 /0071 492.7160 NOYT9 1. 0011 110 KM NA1. ALA011A 00611 19071 283-7000 ` IMPLY 70, Kenai Office 4 ncrcesNcs� Job 236E, 12-13-85 City Of Kenai Director Of Public Worlm Ur Keith Kornelis BE: City Street Light Replacement. Kenai Purchase Order #70694. Gentlemen: Per our, discusions this date, we would like you to know that all fixtures, lamps and materials for this project have been in W warehouse for some time. The present discusions are presently involving Hamer Electric, Mr Larry Slade, and Mr Preston Williams, the local State Electrical Inspector. Mr Slade informed me that the installation of these replacement fixtures was Homer Electrics jurisdiction, not City Electrics, since they owned the poles, present fixtures, and equipmlent. It was also discussed that, the present undergound cable may not be capable of converting to 240 volt single phase needed for these replacement fixtures. W Williams stated that differant codes apply if the City of Kenai owned these poles or if Hamer Electric claimed them. I am presently ,on hold" with the installation of these replacements until all this is resolved. As soon as someone decide what is to be done, I will inform you and proceed. Yo - 4hulyj . = i Frank Arbelovsky Manager City Electric Inc KfNAI DIVISION cc/Job file .1 L.. L L ELECCTTrR•IC f� _ 1 5_ _ CIT`( IELECTRIC. INC. 1-28-86 City of .Kenai: " . ;:anal ' 210 F'idalgo blt�-_.t' C:a� Kenai Alaslt� �9611 RE: P.O. # Attn: Kith Iiornelis ( D� ELECTRICAL. CONTRACTORS 3700 RAINIER AVENUE 60 WATTLE. WASHINGTON 00144 12001 722.0700 POST OFFICE OOX 3000 ANCHORAGE-ALASKA 00001 10071 272.4531 POOT OFFIcI: I)O% 00303 FAIR0ANK0 ALAOKA 00700 1007. 402 7100 ROUTE I. I)OK I I b KF.NAI A1.AOKA 00011 f007#203.7069 REPLY TO Kenai Office REFERENCE Gentlemen; a a: n' ! On 12-13-85 are sent a letter indicAting the problem we were having with RFA� with the installation of the new replacement fixtures for the i three subdivisions in Kenai. Now 1 1/2 months later, we are no further ahead with this installation than we were on 12-13-85. lberefore, we have deliverM 59 fixtures, ltw.,e and. PF cells to the min- tneance yard this morning. Eaelosed is and invoice for this project. i E My i ELECTRIC r� t I .. s L J F * NCMORAOE 07NC! �► KENAI OFFICE OUT11. BOX fig � tTAN ANCNORA4E. AIASKA Nt01 KENAI. ALASKA "611 INVOICE � Y * 3540 H FIKt OFFitE ltt0 NOIT ROAD CITY ELECTRIC I N C• MAME ALL awnAuca To: {lA�,ao RAINtriF. WAfHINGT NON1111 11 { qiM • FAIRtANKt, AIASKA M106 3700 RAINIER "1. $O. SEATTLE. WASHINGTON "I" � L AREA COOS 206 722.0700 71700 1 DATE January 21, 1986 ! 3 . To CITY OF KENAI oao °a NO ' 7 _ 210 FIDALGO STREET KENAI, AK 99611 236E_ 29464 t 4 DESCRIPTION t '! f` - Furnish & Install 59 Street Lights � w Original Contract Amount 8 Complete Value $49,068.53 1008 49,068.53 Less previous payments: (0.00) j: i TOTAL DUE THIS INVOICE: $49,068.53 i ! r. j 4 4 - A! J. • .,! �F i t ': yy t , i CITY OF KENAI 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 2/1.7535 February 14, 1986 City Electric, Inc. Rt 1, Box 115 Kenai, AK 99611 ATTENTION: Frank Arbelovsky Kenai Branch Manager SUBJECT: KENAI STREET LIGHT REPLACEMENTS Dear Mr. Arbelovskys I am in receipt of your letter dated January 28, 1986, along with a When I gas -out an sick leave the last week of January; ou delivered to the Citz of Kenais Op areae I thoughta Made it clear that the CltX aid not want ou storing anything in the City shoo area. Even IF these were the right x ures- and they are not, we would not allow you to store them in the City shop area because our contract with you is to install and make the lights fully operable. The City Engineer said that you threatened to dump the fixtures in front of the gates to the shop if the City would not allow you to place them inside the fenced in area of the City yard. In your discussions with me, you have confirmed this. Please remove the fixtures that you unloaded in the Citg maintenance and immediately. The City OU Kenais not in the position ror providing storage nor do we have the facilities to provide such storage. The City of Kenai will not take any responsibility for any damage sustained to the fixtures by your loading, storing, or unloading. Since you dumped the fixtures outside they are susceptible to weather damage. J. 'i -... .. _-'. � t ' wt , i %a you are aware, the Public Works policy is to put everything in writing. You have been to many pre -bid and pre -construction :onferences where we always state that ALL communications, instructions, changes, additions, deletions, etc. will be in writing. Please adhere to this and make all communications in writing. This will alleviate errors in perception as to what may have been said by the other party. Upon examining the fixtures that were delivered to the City shop, I have found that they are General Electric TC-40OR Catalog IC691N781. These fixtures do not meet the bidding specifications,. Please refer o t e technical specifications that you used in bidding the project. If you will read the specifications carefully, you will note that we are requiring a General Electric Luminsire TC-400R-C691N758 but with a multi -tap ballast. This ballast is to be prewired to the lam so—ck-eT and termi_n_a_r__ff_O_erd_Tor a lzu volt em, u Wtth th9 option to c ange to Z40 voit. The GE catalog saec sheet that your firm provided which was included in the bid specification does not aven-list the fixture that you are proposing to substitute. It is also my understanding that the fixture that you are proposing to substitute will not work in Woodland Subdivision and is therefore not an approved equal to that which was specified. In further examining the contract specifications, you will note that uuiall eSuigmentf labor, and materials to m ational. rjeage no e, a so, that t"e ae s ads at he contract place for the completed project. you would like to make a substitution from that which is Cified in the contract specifications, or it you canno get .h_ e f J 1 TT n wriET__w`M attached sum a s on the fixtures. Unfortunately, Erie T m nnaaire that you now nave in Stock is not acceptable to the City. { please let us know how you intend to proceed. If you intend not to proceed under the terms of our contract, following the specifications, tell us why not. If you do plan to continue with our contract, please give us a written assurance that you will I L L i i ,f a ja s; - •l f ..i t conform to the contract specifications. I oleo remind you that the contract completion date was for 90 days starting August 30, 1985 and therefore, you should have had the project completed prior to November 30, 1985. Sincerely, CITY OF KENAI Keith Kornelis, Director Department of Public Works KK/sw =i 1 MEMORANDUM ,e.r/I S a, TOt Wm. J. Brighton, City Manager FROMt Keith Kornelis, Public Works Director DATE: February 189 1986 SUBJECTt STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW For the last three years or more HEA has refused to work on any burned out street lights in the subject subdivisions. They claimed, and still do claim, that the existing fixtures and ballasts are no longer made. Gene Collins of HEA told the City that they would not do anything to fix the lights and the only way to get them working was for the City to purchase the replacements and install them. On August 6, 19859 a meeting between HEA and the City Council was held. Ron Rainey, HEA, and Bill Nagengest, HEA consultant, were in attendance along with City representatives Bill Brighton, Tom u' Wagoner, Tom Ackerly, John Wise, Keith Kornelis, and Ed Oberts. At the meeting we talked about HEA not replacing the fixtures or ballasts because they were no longer available. We also discussed j ordering extra fixtures and ballasts for HEA as replacements if HEA would pay for them. They later said not to order replacements and that they would purchase them later if needed. :,5_... i After much reluctance and many years of trying to convince HEA to do the work, we went out for bid and awarded a contract to furnish and - i install the replacement lights. On January 16, 1985, I sent letters out to City Electric, Air Tek, ' and HEA inquiring about adding new street lights in areas without existing lights. City Electric was the only company to answer. In their reply they also submitted a proposal for replacing the i.:... existing lights in Woodland and Redoubt with a GE Fixture. Ed Oberts, City Engineer Technician, worked with Frank Arbelovaky of _ I City Electric to develop the set of specifications that were used. Frank stated that he wee the one to install the original lights in is-- ----- Woodland. When the City asked if it was possible to be able to -: interchange all the lights in the City, Frank suggested using a fixture with a multi -tap ballast. Ed (City) and Frank i; }? (City Electric) developed the Specifications using the actual G.E. catalog spec sheets furnished by City Electric as part of the �? specifications. At the time Frank assured the City that GE made a multi -tap ballast and the lights would easily be interchangeable. The City advertised 2 1/2 weeks before the bid opening and to my knowledge the City received no complaints or problems with the ^.. specifications. We had eight companion as plan holders and five ' companies bid the project. No one had any problems or exceptions to the specifications on their bid forma. L L &W. ii 1i I +, .r s 't � . F f The bid was awarded to City Electric on August 30, 1985, with a completion date of November 30, 1985. City Electric is trying to substitute a fixture with a cataloq number we have no information on. They have dumped the fixtures in our City shop and the boxes have a tog on them showing them to be TC-400R-C691N781. They are 240 volt with a photo -electric eye. Frank has told the City that GE no longer makes the fixture we specified nor do they make a multi -tap ballast anymore. This, I have found from the GE representative, is not true. Frank also told the City that all that has to be done, to make the fixtures they want to substitute workable, is for HEA to switch a couple of wires in the transformer. According to HEA, this is also untrue! The more I look at this project the more I think that maybe City Electric has been leading the City down the "primrose path" on these street light fixtures. It was City Electric that came to the City and told us that McLane was designing a very expensive and not that good of a fixture for Inlet Woods. City Electric talked the City and Mclane's into going to this GE type of fixture instead of the Gardco fixture that McLane originally specified for Inlet Woods. Frank Arbelovsky has been to many of our pre -bid and pre - construction conferences and knows that absolutely everything we do has to be in writing. He also knows the procedure for substituting something different than is specified in the contract specifications. This procedure is to request the change in writing along with a submittal on the new item so that the City knows exactly what we would be getting. This procedure is very common throughout the construction industry and is used to prevent a contractor from using items of a lower quality and lower costs, or items that will not work or be suitable for the intended applications. Frank did not get an approval from me either in writing or verbally to make a substitution. Another reason procedures are set so that we receive everything in writing is so we have a record of what has been said. Frank has told me many things that are not true or are deceiving, like: 1. GE does not make a multi -tap ballast anymore because shortly after we bid one they stopped making them. 2. All that has to be done to make the fixtures he wants substituted work is change two wires in the transformers. 3. Jack LaShot suggested he store the fixtures at our City Shop. 4. He called me before the bid opening about problems with the specifications. Lai L Is a] R 1 � j On February 13, 1986, 1 finally got ahold of Dove Lice of GE. He gave me the following informations " �► The fixtures that we are talking about have been made by GE i since the company started. They are not obsolete but GE doesn't sell a lot of them anymore so they are not in stock at the ' factory. * GE does make a multi -top ballast and they are readily available ' and used. +► When you order a photo -electric (P.E.) cell for each fixture you normally can not get a multi -tap ballast. (He was going to jt check with the engineers to see if they could special order this though.) Normally with a multi -tap ballast the P.E. cell is a i -" central controller (many lights on one P.E. cell). ' What I have been doing the past week is what the bidders should have done before bidding the project and that is: Get with the suppliers .:3 and with HEA and make sure what we specified is available and will ,J work. This is common procedure in the industry and we have done the same thing in the,.peat. On our road projects where there are many f individual pay items we even have a specific pay item celled t "Utilities in Construction Zone." This requires the contractor to contact the utility companies (HEA) and to work with them in J completing the project. Many times the City pays the general j contractor, who in turn pays HEA for work they did on the project. i s On this project we only have one unit price for furnishing and y j� installing the street lights. The specifications state "All yi additional equipment, labor, and materials needed to make lights operable shall be considered incidental Fo the project and should be included in the unit cost bid.' It is very likely that the other bidders did the preparatory work r _Y_.. needed to bid this project and that is why the next bidder was bout A, - $6,500 or 13% higher for the furnish and install. The highest ,. � bidder was $15,537 or 32% higher. It is interesting to note that to =i just purchase only the extra 11 lights there were three other :i bidders lower than City Electric. So the other bidders had more '•� money into the labor for installing (rewiring ballasts, replacing a ballasts, work done by HEA, or whatever?). i S-: IN CONCLUSION: t The City has a contract with City Electric install 59lightfixturesandmakethemfully operableaccording - -� to a set of specifications. --=-.4 If City Electric wants to make a substitute (change) they need to make it properly, in writing, with submittals and have it ' approved before doing anything that is not in accordance with j •i' - - the Specifications. r`. Attached for your use is a coy of the Bid Specifications and my F letter of February 14, 1986, to City Electric. - KK/sw LJ 4 MEMORANDUM . TO: Wm. J. Brighton, City Manager FROMs Keith Kornelia, Public Works Director DATE: March 5, 1986 SUBJECTS REPLACEMENT OF EXISTING STREET LIGHTS - WOODLAND, REDOUBT, AND INLET VIEW �a I received a telephone call from the G.E. representative in Y. Anchorage by the name of Dave Lico on February 24, 1986. Mr. Lico said that G.E. can and will furnish a multi -tap ballast for our project that will make the fixture easily used for 120/208/277 or i,. 240 volt. He said there will be one lead that can easily plug into t- } any one of the above voltages. Mr. Lico also said that we could change from 250 watt to 200 watt if we wanted, but the distributor may not stock as many 200 watt. I said, "What you are telling me is G.E.. can furnish the specified fixture that is mu1 - ap and have the electric eye.eye.7 me said at s s correct. `- He then said it would cost extra to replace the ballasts that were shipped to City Electric. (He said a very rough estimate would be $25-$50 per fixture.) I told him the extra costs were something City Electric would have to work out with them since our contract with City Electric was for furnish and install and make fully J operable. { With a little bit of effort from City Electric they could have (like - j I did) got with G.E. and worked it out to receive what was specified. Perhaps the other bidders did do that and that is why their bids were higher. ` J KK/ew L J... f=+ 7. 't ff March 18, 1986 Mr. Dave Lico General Electric 517 W. Northern Lights Blvd. Anchorage, AK 99503 CITY OF KENAI "vet 4 4"01 210FIDAL00 KENAI.ALASKA "0" TELEPHONE 283 - 7835 (907)276-3204 SUBJECT: STREET LIGHT REPLACEMENT 1985 Dear Mr. Lico: This letter is to reconfirm our telephone conversations of February 13, 1986, and February 24, 1986. During our February 13 conversation you said that: • G.E. does make a multi -tap ballast, but normally there is not a PE cell and multi -tap ballast in each fixture. A central ili controller with one PE cell for many lights is usually used J. with a multi -top ballast. You also said the factory could possibly special order the fixture with both a multi -top ballast and a PE cell in each fixture if requested. The fixture 6691N781 is a standard fixture that GE has made since the Company started. It was the "broad and butter" of the Company until recently, when they have not been as popular. They are not obsolete and we should never have any problems 41. . with parts' replacement. On February 24# 1986, you called and told me: .4. G.E. can and will furnish a multi -tap ballast for the project where the fixture can easily be used for 120/208/277 or 240 volt; that there would be one lead that could be plugged into any of the above voltages. Each fixture will still have the PE call in it. If we wanted we could switch from 250 watt to 200 watt but may have distributor stocking problems. 9 ti Mr. Lico March 18, 1986 Page 2 FRk �► It would cost extra to replace the ballasts that were shipped to City Electric (very rough estimate $25-50/each). r. • You answered "that is correct" to my question, "What you are S - _ telling me is GE can furnish the specified fixture that is multi -tap and have the electric eye." Could you please verify the above two telephone conversations? It would be helpful in trying to get this resolved and the project going again. Thank you. r Sincerely, '_ Keith Kor elis, Director { # Public Works Department s p3 KK/ sw � _ i� - - - i= March 18 1986 'i ' Mr. Ron Rainey z w Homer Electric Association a / ; 36130 Kenei Spur Highway Soldotna, AK 99669 i CITY OF KENAI opt sap" 4 A" 210 RIDAL40 KENAI, ALASKA 99611 TELEPHONE 203.7535 ,• -�: SUBJECT: STREET LIGHT REPLACEMENT - 1985, WOODLAND, REDOUBT TERRACE, AND INLET VIEW .. ' Dear Mr. Rainey: = u. For the past three years or more HEA has refused to work on any of the burned out street lights in the subject subdivisions. HEA has R Aclaimed and still does claim that the existing fixtures and ballasts are no longer available. Gene Collins, of HEA, has repeatedly told the City that they would not do anything to fix the lights in these subdivisions and that the only way to get them working was for the .. City to purchase the replacements and install them. It has only y been recently, within the last month, that HEA has attempted to restore the lights in these subdivisions. This attempt was made by fabricating an arm to come off the top of the pole and installing a discount -store type yard light. - On August 6, 1985, a meeting was held between HEA and the City 4�. Council. Ron Rainey, HEA, and Bill Nagengast, HEA consultant, were ;_'4 in attendance along with City representatives Bill Brighton, Tom - Wagoner, Tom Ackerly, John Wise, Keith Kornelis, and Ed Oberts. At this meeting we talked about HEA not replacing the fixtures or ballasts because they were no longer available. We also discussed the construction bid to replace these lights which was due two weeks _ later on August 20 1985. Besides the City of Kenai 9 , y purchasing and replacing the fixtures and ballasts on the existing poles, we also discussed ordering extra fixtures and ballasts to give to HEA as replacements for future repair work in the subdivisions. At the meeting you told me you wanted to check to see if that was ;� --- ---- necessary. At a later date you called and said that we should not bid replacement parts for the lights because you thought it would be better if HEA purchased them later on an as -needed -basis. After much reluctance and many years of trying to convince HEA to replace the lights, we went out for bid and awarded the contract to h* furnish and install the replacement liqhts in the above subject subdivisions. pt. 1 I Mr. -Ron Rainey March 18, 1986 Page 2 You are pretty much aware of the series of events that have taken place since this bid opening. The City of Kenai has been told by General Electric that they can furnish and will furnish a fixture with a multi -top ballast that can be easily used for 120/208/277/240 volt. This fixture will have one lead that can be easily plugged in to any one of the above voltages. In other words, this fixture is basically what the City of Kenai specified in the construction bid documents. The City of Kenai is at a point now where we need some definite answers from HEA. 1. Will HEA turn the power off to the street lights in the above Subdivisions bliow City ElecCric to make e�r`e T ec me-' nis — !net are necessary, and then restore power to the su v sions after_ the project s comp e e 2. Will HEA accept these fixtures and take over the maintenance Ono operations once the new _ x ures_are in piace7 It Is my understanding intalPing.wlEn Generalec r c Mat these fixtures have been the "bread and butter" of the company, are not obsolete, and the replacement parts would be readily available in the future. It is also my understanding that •+...: since the fixtures would then be high pressure sodium vapor, the operation and maintenance costs could possibly be lower. . In any case the tariff that would be set for the maintenance and operation of these fixtures would be something that I am sure you can justify to the APUC in setting future rates. 1; City Electric has stated that HEA will not accept these fixtures not allow any other contractor to work on the lights in these subdivisions. This is contrary to what we have been told in the a past by HEA and therefore we need a written response to these questions so that this project can get back on the right track. These light fixtures are in Kenai and once they are modified to mee the specifications they will be ready to be installed. I look forward to your reply. Sincerely, Keith Kornelis, Director ` Public Works KK/aw L_ t I i r. i Olt - -- �` ' 8omer �lleotrio A0000ia.tion, Zsio. � 1 I ' RIOOEWAY DISTRICT: 30130 KENAI SPUR NIOMWAV • SOIDOTNA, ALASKA 99989 • 19071292•6831 ft' April 23, 1986 ' +, qp Mr. Keith Kornelis I , ` l. ll'W0, ---n f Director of Public Works ti•"i�;: '-r,,;� ' I City of Kenai r :f 210 Fidalgo NN • f S. Kenai, Ak 99611""- Dear Mr. Kornelis: As you stated in your letter of March 18th to me concerning street lights in the City of Kenai, there are many problems that '• have been ongoing for several years. You also asked that two questions be answered directly concerning 1 replacement of lights in Woodland Subdivision. 1. HEA will not allow City Electric to work on the existing street light system without an agreement i between HEA and City Electric. ! 2. HEA will not accept these new fixtures and take over f - maintenance and operation as you have requested. j Our yard light rates (no street light rate) are designed to recapture cost for operation and �i maintenance of inexpensive 175 watt fixtures. .' The fixture suggested by City Electric would be much more expensive to maintain and operate and .a we feel would be unfair to the rest of HEA's members. We do offer two suggestions for solving this problem. - i 1. We will disconnect the existing system in Woodland and allow City Electric to install new street lights, •Y new underground system and metered services. This would o result in ownership and maintenance by the City of I _ : Kenai. 2. We will replace any inoperative fixtures in Woodland ' with the yard light units like the ones we installed i- ------"-------------- u at the corner of Cedar and Elm. This would allow the City of Kenai to remain on the present yard light rate i and full maintenance by HEA. e: Ktill .._.�..... _..—:. ... III L 10 Mr. Keith Kornelis March 23, 1986 Page 2 Keith, I am sorry for the misunderstandings that have occurred in the past. We are most willing to work with you and the City of Kenai to find the best solution with fairness to both NBA and the City. Sincerely, Ron Rainey ° Manager, Ridgeway District F .. I Ift 1 c. L. F- MEMORANDUM ( DI TOt 'Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: May 13, 1986 at 1:30 p.m. SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW Meeting with Homer Electric, Ron Rainey and Keith Kornelis; discussed HEA letter of April 23, 1986: 1. HEA can work out an agrooment with City Electric which would allow City Electric to install fixtures. 2. HEA will turn street light system over to City and Ron thinks we - A. can use an unmetered light. City would then pay for R & M of the lights and HEA would bill City $x for power consumption. The $x would have to be arrived at. Ron will check on and write me a letter about: 1. Will HEA install the new street lights throughout the City? If yes, how much will it cost? 2. Will HEA allow unmetered street lights? If yea, what flat rate would be charged; maybe base it on the most expensive metered lights? 5 Y - MEMORANDUM TOt Wm. J. Brighton, City Manager FROMt Keith Kornelia, Public Works Director SUBJECTt STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW On May 1 19861 I received a phone call from Greg Frisbee, who hog taken over as the General Electric representative for Alaska. He _._ .. works out of Seattle, Washington. He stated that he wanted a copy of the street light replacement bid speciflcatioiis. Mr. Dave Lico, who was the Alaska G.E. Rep. from Anchorage, is no longer with G.E. and had not sent Greg Frisbee a copy of the specs. I therefore sent ;= him a copy. On May 12 1986 I again talked to Greg Frisbee. Mr. Frisbee had r received a specifications and stated "It looks like the contractor ordered the wrong fixtures." He also stated he was coming to Anchorage next week and would talk to me then. KK/ sw .5 �1 1 „ t �2 I t . -7 J 1 li f r j (9) I6tomasr 101actrio Assssooisstion, X=c. RIDGEWAY DISTAICT' 36130 KENAI SPUR HIGHWAY • SULDOTNA.ALASKA 99669 • 199712075931 June 24, 1986 Mr, Keith Kornelis Director of Public City of Kenai 210 Fidalgo St. Kenai, Ak 99611 Dear Keith: a This is in response to you letter of May 25, 1986 concerning street lights for the City of Kenai. '. You letter covered two areas of concern, existing street lights and new street lights. 1V I. Existing Street Lights i "'� A. We will work through you to reach an agreement �,� XV by which City Electric can change out the street N lights in Woodland Subdivision for HEA. 'gyp B. HEA will accept the 250 watt fixtures but do request that the ballast be multitap so that existing under- ground wiring may be used. C. HEA will continue to maintain and operate these fixtures and will bill the City for time and material as in the past. New Street Liahts A. HEA will install new street lights as requested by the City of Kenai. These will be billed on our existing yard light rate and installation cost for other than existing pole and secondary will be borne by the City. B. The unmetered street lights? Is unnecessary to answer as it is covered in "A" above. C. HEA will install our standard yard light fixtures which are an open face disfuser 175 watt mercury vapor lamp, the 250 watt high pressure sodium enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head fixture. The city may request a specific head based upon location and purpose of light. I L.. rt; i11 ♦ 4 i Page 2 Street Light/City of Kenai We have a list of proposed street lights f '+ 25, 1985 and we feel this list should 1 :..::.::. council action before ®e proceed, k If you have any further questions or - Al assistance, please do not hesitate to coal _ l Sincerely, Ron Raine /� _.... District >lllana� er j cc: Kent Wick, Gen. Mgr. 4: "t i" 9 t 1 4 1 L j i k I CITY ELECTRIC. INC. QD f ELECTRICAL CONTRACTORS 3700 RAINIER AVENUE 90. 9EATTLE. WA HINGTON 90144 12001 722.0100 POST OFFICE BOIL 3090 ANCHORAGE. ALAOKA 99001 19011 272.4631 POST OFFICE OOK 00309 FAIPOANKO ALAOKA 00700 s0071 452.7198 ROUTE 1. OOK 119 KENAI. ALAOKA 000ff (0071203.7909 REPLY TO: Kenai Office 6-20-86 REFFRENCE City Of Kenai _= 210 Fidalgo Street 4* Kenai Alaska 99611 A, JU9S19t$ t RE: F0 70694 F._ - . ••) Street Light Replacement, 1985, ('' C�}.' 1'' " "A Woodland, Redoubt, & Inlet View Subd. I'. ��'"� ;• Gentlemen: ;_5.1 I have attacehed two letters, from Graybar Electric Supply Co, and Mr Greg Frisbee, ; the GE rep, that are both self explanatory. I It appears that City Electric has exhausted all possible options in trying to resolve this matter with HEIR and the City Of Kenai, therefore, we have submitted our final invoice, #236E-29714, dated June 20th 1986, and wish this invoice be paid as soon as .., possable to avoid further finance charges. Once this has been paid, the City will be } free to negotiate with Graybar, GE, HEA, or whomever for the disposition of these fixtures, City Electric would like to avoid . ..-: this action. Our position from the bid date has not changed, with referance to multi -tap ballasts, { substitutions, purchasing the wrong fixtures, and all other statements made by Mr ` Kornelis, this is fully explained by the letter from Mr Greg Frisbee. I am sorry that we could not complete our contract with the City Of Kenai, and hope that future projects go more smoothly. Yours ruly r.e..; -; Frank Arbelovsky - Manager s City Electric Inc 1 Kenai Division cc/Mayor Tom Wagoner Manager Wm.J Brighton .'fi Inv. 29714, Graybar letter/GE letter cc/SEA/ANC job file 7 L i� L. L, ELECTRIC SI r- L F. WHITTLEMY MANAOKR L Q JENSON OnItATINO MAMA0l11 TILMONI(ARFACOORM) 901.1004 City Electric PO Box 115 Kenai, AK 99611 Ref: GE Lighting Fixtures stmo ale COMPANY, INC. 1/01 "A"STN1'M.T j t V.O. BOX 4•1e00 i ANCIIORAGY.. ALASKA 99309 TBLKK 09P11•140 .- RECEIVED JU N 161986 •iq Elc 'o, Ina Dear Frank, G Please review enclosed photocopy of letter from Greg Frisbee of GE CS��A 0�°�*'�6f• Lighting. To summarize, GE s position is that they will supply new A"-- ballast trays of the correct wattage and voltage for the TC40OR luminaires already in Kenai. GE will not accept return on the existing Ate ballast trays. As indicated in the letter the ballast, starting aid, 00 and capacitor are compatible with many of their street lights which A r"s are probably being used in Kenai at this time. p# '' �' "� ,J In reference to the return of the complete TC40OR luminaires, GE �d+' 0. will still accept a return on the fixtures with a 502 restock charge yA providing that freight is paid both ways from Hendersonville, NC to Kenai, AK. GE was approached with the possibility of supplying a number of street luminaires in exchange for extending a more agreeable return on the TC40OR luminaires. They declined based on the fact that 0 the factory establishes return priviledges and new business can have no bearing on what the factory's return priviledge on old business will be. �6 Frank, at this time the logical choice seems to be to replace the ballast trays in the TC40OR luminaires to make them useable in your projects. 4— !9 With the 502 restock charge and freight factor a return of the luminaires to GE will result in a very negligible credit. I am sorry that GE has taken a hard line on this order and I wish I could do more to alleviate this situation. T will await your response. Sincerely, l�n JG��a.eird Don Schield Sales Representative L. L L A- L Mr. Don Schield Graybar Electric Co. -P.O. Box 4-2600 Anchorage, AK 99509 RE: City of Kenai/TC-400R Luminaires Dear Don, 0 cc. Dave Lico CESD I have reviewed all the notes and correspondence available on the above street lighting project and feel that i 4` a few items need clarification. ao'f At bid time the specifications called for a multi -tap ballast for these fixtures. Our factory informed us that only W��`� of single voltages were available and that we have never built a 1.160f,00 multi -volt 250 watt HPS in this fixture. This was oT w ��• communicated to all parties prior to the bid. a project was awarded to City Electric. They submitted the TC-400R .luminaire with PE recptacle for 250 watt HPS 240 volt Eoperation and were approved. An order was placed and the o'VE Fit°'A fixtures built and shipped. Ala w0P : @ � f ,!1 46 Apparently a quantity of 59 of these fixtures must be f p some voltage other than 240. Earlier this year Mr. Dave Liao �1°1 was asked if a multi -volt 250 watt HPS could be built to help �F to uV� resolve the problem. After much discussion our factory agree 1 �IoP� orto manufacturer o these s. a never received an order ! 409,6104 6p4gIn early April this year I received a copy of a letter to b� Dave Lico from Mr. Keith Kornelis of the City of Kenai. Dave asked me to discuss this problem with Mr. Kornelis. At 4 p that time all I had in my possession was a copy of the f fixture order and Mr. Kornelis' letter. Based on the information I had at the time I was under the impression that the wrong voltage had been ordered. Of course that of the case since the 240 volt fixture was approved had severa r Y conversations with Mr. Kornelis and the subject of multi -volt Ap -ballasts came up several times. Somehow the impression was + given that a multi -volt 250 watt HPS system was available at ! bid time..True, we have made and still make many of our r fixtures with this type of ballast but have never done so in } the TC-400R. This fixture is used primarily for residential t street lighting applications, usually at 120, 240 or 480 volts. These are the numbers we typically catalog. The multi- - - ----- ---- ---! volt portion of the specification probably arose from a mis- interpretation of a paragraph in our guide form spec GEA- i. � v E 7284G which reads: At The luminaire shall contain an integral ballast of the G�0 ,! regulator,auto-regulator) type capable of operating from a G� °w�V multiple(120, 208, 240, 277, 480) volt 60 Hz power source. 0 tP This is intended to have the specifier select one of the G listed voltages. Also the word multiple refers to the \ distribution system type i.e. multiple vs series wiring. L F :q .. .41 .. , 0 0 , h h During later conversations with Mr. Kornelis he informed ; h me that the utility was questioning the use of 250 watt HPS in these fixtures and that the rate structure to the city may have to be a �• adjusted or even the fixtures returned. On May y 22nd I asked Mr. Kornelis if a 150 watt HPS lamp and multi - volt ballast would fill his needs and satisfy the ' & h requirements of the utility. He replied that he would take ' �1 this information to the City Council and the utility. Our V factory will manufacture a 150 watt HPS multi -volt ballast for this fixture in lieu of the 250 watt system proposed earlier. If this solution is accepted there will be a charge for the 150 watt system and the City of Kenai will have 59-240 volt 250 watt HPS ballasts that the factory does not want ff��II returned. My suggestion is that the city or the utility keepp�("��' them and use the parts to repair other 250 watt G.E. fixture �8 in their system. The ballast, starting aid, and capacitor arV common to several of our street lights and floodlights. Please forward this letter along with your comments to City Electric and Mr. Kornelis and inform me of their decision. I hope these suggestions will lead to a timely solution and one that satisfies all parties. Z .&A .4 -- lie Greg FDi 4-, Lighting Systems Engineer IN f 1 � _ 1+ * ANCHORAGE OFFICE i KENAI OFFICE E19 ORCA STAR ROUTE 1, FOR IIS ANCHORAGE. AASKA ns01 KENAI. AIASKA 9%II INVOICE •fA1REANKEO CITY ELECTRIC INC. FAIRBANKS. D A ASKA "706 3700 RAINIER AVE. SO. SEATTLE. WASHINGTON 99144 71700 AREA CODE 206 722.0700 OAtE TO CITY OF KENAI CUSIOMIR NU 210 FIDALGO STREET ORMR KENAI, AK 99611 11AAK1 AU 01MITTANCIS TO, 3100 RAINIIN AVENUI I1Arn1, WASHAINIENitON g11I June 20, 1986 No. 23.6g29714 DESCRIPTION Furnish 59 Street Lights s +' Hauling materials LABOR : FM WM ST 13.0 hrs. @ 51.55 hr. + 670.25 MATERIALS: Graybar Elec 166228 = 531.00 Graybar Elec 168131 = 1,180.00 Graybar Elec 168498 = 631.58 _7 Graybar Elec 168364 = 17,684.24 1 Graybar Elec 168259 = 28,947.40 ok ''30,974.22 :5._. 20% Handling 7,794.84 j? TOTAL MATERIALS: 46,769.06 Al Hauling materials EQUIPMENT USE : Dwobft Truck 5.0 hrs. @ 10.00 hr. a 50.00 t TOTAL INVOICE: $47,489.21 Finance Charges: 2/il-3/10/86 712.34 3/11-4/10/86 722.34 4/11-5/10/86 712.34 ' 5/11-6/10/86 712.34 6/11-6/20/86 237.40 ¢ " TOTAL DUE THIS INVOICE: p, $50,575.97 GO L - /of .. I SIP lip 91F 42 a o L 11 `e1 Q it 1 �i CITY OF KENAI "DOd C4202J dl 4 41214"" 210FID"O MAMMA M11 TELEPHONE293.7M MEMORANDUM TO1 Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Vacation of 4,200 sq ft of Sprucewood Glen Rd, Sprucewood Glen S/D - Lowry & Partee DATE: July 31, 1986 Action Requested: Vacate approximately 4,200 sq ft of the northerly portion of Sprucewood Rd. as i described above and in enclosed material. Petitioner/Owner: Edwin & Julie Lowry - Kenai ! Tommy & Beverly Partee - Sterling ! i Location: North of Tern Ave A west of Walker Lane Staff Comments: The Public Works Dept. has reviewed this vacation request and the letter from the City Engineer is enclosed. The engineer points out that the reason given for the vacation is to "allow for a truck turning radius on Lot C-IA" when in fact, the vacation would not change the physical layout of the existing paved turnaround. Public Works Director Kornelis has indicated that he will present verbal input at the Council meeting. The Planning Commission issued a statement of Cobjectio:n)tthe vacation based on four main factors: 1) A cement retaining wall runs through the area proposed for vacation. The Public Works Dept. has requested its removal on several occasions. ; 1{ 1. i • q�— F LowrylPartee Vacation Page 2 2) The area now presents perhaps the only buffer between the residential area from the commercial in an already crowded area. A vacation could open up the area for a possible entrance to the rear of the buildings now under construction. 3) Enstar has indicated that two utility lines run through this area and would request a dedicated easement should it be vacated. 4) Lack of sufficient justification for the vacation. A copy of the unapproved minutes of that meeting detailing the discussion and vote are at the rear of this memo. U l_ w J KENAI PENINSULA BOROUGH tl� BOX 880 • SOLOOTNA. ALASKA 99889 t' PHONE 262.4441 STAN THOMPSON MAYOR •••...moo-�'�+''" '" July 24, 1986 City of Kenai 210 Fidalgo Street Kenai, AK 99611 RE: Vacation of portion of Sprucewood Road within Sprucewood Glen Subdivision, Number Three Section 5, Township 5 North, Range 11 West City of Kenai Gentlemen: In accordance with AS 29.33.220, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to you for your consideration and action. The council has 30 days from July 21, 1986 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the decision of the Commission will stand. Draft minutes of the Planning Commission and other related information are enclosed. Si er y Kevi Fenuer Planning Director KF/tn cc: Edwin & Julie Lowry, 10819 Spur liwy Suite 125, Kenai, AK Tommy & Beverly Partee, Box 607, Sterling, AK I FBI 3 y 1 . CITY OF KENAI Me RUM KENAI. MMM Mii -•-- TELEPNONB Z� • 76a6 MEMORANDUM TOs Janet Loper, Planning Specialist FROMs Jack LaShot, City Engineer SUBJECT: Vacation of 4,200 aq ft of Sprucewood Glen Rd, Sprucewood Glen S/D - Lowry & Partee DATE: July 18, 1986 The portion of right-of-way in question, at this time, has a retaining wall running through it. I have previously requested of Mr. Lowry that this wall be removed from the right-of-way or attempt to vacate it. The petition to vacate states the reason for vacating is "to provide a cul-de-sac on Sprucewood Road thus maintaining the necessary right-of-way there and allowing for a truck turning radius on Lot C-lA." This vacation would not change the physical layout of the existing paved turn -around, however, it would eliminate the retaining wall from the right-of-way. The question, it would seem to me, is whether the developer should be allowed to vacate the property to eliminate his problem and gain property in the process. In any event, from Public Works point of view, it would solve the retaining wall problem. 7 { 1' 1� ar, _A I June 16, 1986 Kenai Peninsula Borough V10, Planning CommissionP.O. Box 850et�3g� Soldotna, AK 99669 Dear Commission Members, Please accept this letter as a request for vacation of a portion of Sprucewood Road. Following is the necessary information as requested by Borough guidelines: a. The right-of-way requested for vacation is: the northerly portion of Sprucewood Road as shown on the attached plat. This would create a cul-de-sac at the end of Spruce - wood Road. b. The reason for vacation is: Sprucewood Road is no longer a loop as originally platted by the petitioners and thus the "L-shape" is not necessary as it is a dead and street. The gained land from this vacation would be used as a "driveway" area for Lot C-IA. c. The name and address of petitioners is: Edwin & Julie Lowry Tommy & Beverly Partee 10819 Spur Hwy Suite 125 Box 607 Kenai, Ak 99611 Sterling, Ak d. Edwin & Julie Lowry and Tommy & Beverly Partee own a combined total of 100% of the property adjacent to the requested vacation. The legal descriptions of the property each of them own are as follows: Edwin & Julie Lowry - C-1 Sprucewood Glen Sub No. 2 and B-1 Sprucewood Glen No. 2 and L 10 B 2 Sprucewood Glen Sub. Tommy & Beverly Partee - L 5 B i Sprucewood Glen Thank you for your attention in this matter. .:.ram. �..✓ -- � - -- er y ar e9 �r PET%.,., tt_ o�t) VACATZ �1 public bearingi.•rflatdis$ fee are In help ditionrto vacation advertising oil Public right•ot-vay dedicated byatA 09 36041TW69-L-91LO16- 1_1 Utility aasamants granted by ) 84-50 filed In K— al 1 (Flat 11 Recordla' 5 Diit:MOT pil Easement for public road or ) as set out !a ocumen .right•of•vay 1 1 recor • a - 1�1 easemont for utilities ; eooksdiag Dlpoeeat n ..,..�. s 1.1 section line essemont M'1 or auom of t vice granted by dogeuunt. submitacopy.ofldocument.f ysy Has right-of-way been full or partially constructedt 12JI yas or 1_1 no to utility easement being used by utility companrt (_1 yes or (-1 so tf so, vbiah utility company. - Purpose of vacations To provide for a cul-de-sac on Sorucewood Road thus maintaining the necessary right-of-way there and allowing for a truck turning radius on Lot C-1A. petition to be •!geed by owners of m0otity of the front fast of land fronting part of stress section line easements or ossement sought to be vacated. each met include mailing address and legal description of his property. Submitted bys Name Rdwin i2_ Lnwl^g Address 10819 Spur Hwy Suite 125 Kenai, AK 99611 Petitioners to Vacations one TnMMM F. Any -rig Partwa Name • Address Box 607 Address Sterling, AK Owner of Lap A- & 5. B1 S rucewoodowner of t oa o oper Glen Sub. t• c ort o p • Nome Name Address Address owilsr of Owner of (dooptsonOR property) t •• r p n o prop•e eN A F i :h c. i L i of _ uaroe • 161 AVENUE SOUTH ! etc►foft e ( WALKER LANE tr s� l T8 -105 SP1114 SUB0 N0 0 too 14A OPOLOT-1 13LOCK ONE PACCCteSO- ; � t oowet'olr' er laaoa ' ` is* 00 PROPOSED • /� -4 COom i; PENCE TRACT A-3 A6ls AC a4a 4, � x uru ttlt•r � � � �. Tg CT F•1 � s t �' ��' ~• . \ LIMITa of to a a•.. < �+ •�;� V .i aL00WAYS . �• TRACT A LEGEND 0p,0 " 44 • 1tA ' ,� BLM or OLO monument re -D �• �+ �L`�•I • ' 4 pO �1 ��'� BLM or'OLO monument he . s \ O\ q'% \ ��Tj� �v �t.� �O i1 '�'a ® round official of i�3 i� 0 i Q� tot eernatmn • 1/a•m 1 TRACT 6.1 �� y ,�•� Monument of record not, O \ 1 a /4. ! rouna sir rabsr TRACT A-4 i \ ✓ i 12.100 SFi� )s \ �y\ ; •, `� Set of Is 20• Peter w f T R\Q ��T 4 '� i'S,Q GLEN 0 Found tia• sear 4 "TRACT 6- \ ..' ,% set I/a•s aa• raosr i 12.100 SF B RACT C-t - } 1° 1.63AC / O 1nGlealss fnonlpN PARKI \ \ • TR-0 NOTES P ,��� T R A \C \ •� SUBDIVISION `e9 0 1•I wastewater tree \!s�^ diZt�tN�4L pt-1�T sna))I comalr elth outs . - %Gy i0nmtruct ton. TRACT C-2 ' 12.100 SF / 3 A to KRP ( SPRUCEWOOD GLE.: _....� (A REM AND LOTS 8LC ' - - -- - A REM Of TA i ACT& GLEN $LB0IYISI0N1 i . CITY Of KtNAI ` CERTIFICATE OF OWNERSHIP AND OEPICAT-ION PLAT APPROVAL Ito Ftedlge Keeei. AK eeNl He hereby certify that we are the owners of the property into plat was approved by the KENAI shown and described nerson and that we hereby soopt this plan PENINSULA BOROUGH PLANNING COMMISSION LOCH ' i at Subdivision and dedicate all right-of-ways to oubllC use an.d at the emoting of rant all @&tenants to the use shown. lil ICR?tatlflfAT[O s j� a Rilllr ANO TKt WIMof tots TIftCITY OFWMIAMC _ KENAI PENINSULA 11011OIIaN By ta/ Autnortted official :} DAM tI EDtollal. 1,90 I • • O �r L am$ e18 inn I 101111IR11111 i 1 t cs o { 00 °a 0j. 2 {4 C-/A /.865 Ac. 2� �7 �S Z9A ,�. •' i FORMER _ ` �,� 06 ♦ LOT LINE - .4 -` p atoi1.Esn1. ,: � •g�, � ��j � �`s , is F-1A p. % 2.404 Ac. I At Li \q OF �X15f11�� \ ♦ I {` 'PAVEM ENT Q ,z DIUS ARC TANGENT N 0.00 122.58 81.47 000 1851 1081 P•�� •� W` V�... 0 0 00 60.20 30.12 spa:, - - -- ,... - 10.00 82.38 31.20 4► - - - - - --� 4 - , y / m 8[ 0.00 62.31 31.41 c: .; 0.00 445.54 233.60 `• No �' i i ' 0.00 16.37 8.18 061 ,110 240.62 121.91 'z a, Ull A F IN ► 1 I ' t�.1 N ► ► � 2 � 2.7 ►.r►4.2 ►,� � TOP:778g.. INV.7a ► ► � i •a� I � 2 LF ► ' � !2. MP 010 1 N• 1 ' N � N _ S a 1 ` 1 It..� 1- 1�= 1 i 1 310 i �N � � 1 1 o oI , I 'o b w • � cil ►h 1 V 9 c� .�.�-*AVa7 -sir s���u!�u3 1 L 71 ,t H; i PLANNING & ZONING COMMISSION July 23, 1986 Page 4 b. Vacation 4,200 sq ft of Sprucewood Rd within Sprucewood Glen S/D 03 Lowry & Partee Commissioner Bryson asked if this portion were vacated, what parcel would it be attached to, the commercial or residential, answer unknown. Commissioner Carignan stated that he couldn't see why Mr. Lowry wants that vacated. There is a turnaround. The only thing I can see is that he wants to grab that property and extend lot 10. Commissioner Smalley supports that concept. Commissioner Bryson asked why the concern for the wall, answer unknown except for the memo from the engineer. Commissioner Carignan asked if there were plans to extend Sprucewood Rd, answer no. Not as far as staff is concerned. Councilman Wise agreed that the vacation would create a lot of "glitches". MOTION: Commissioner Carignan moved to issue a statement of objection to the vacation of 4,200 sq ft of Sprucewood Rd in that there is no justification of the request in that a truck turnaround can be constructed in the area, seconded by Commissioner Smalley. Commissioner Smalley stated that he would like to see some detail on the engineer's comments. I would like to see additional data other than just saying that he (Lowry) needs it. Commissioner Bryson stated that he might be in favor of a vacation, however, I would be concerned that this ROW would be utilized for either loading operations within the mall or store or could develop into a traffic pattern. Councilman Wise asked if there was a retaining wall up now, answer yes. Commissioner Bryson stated that the only the way the City could be sure this would not be used as the unloading road for the whatever commercial complex is there is to deny the vacation. At this point, the City has the say as to what goes in until it is vacated. Commissioner Carignan stated to clarify his motion, that he felt that Mr. Lowry could put in his turnaround in right now without the vacation. Commissioner Smalley agreed with Commissioner Bryson that this is the only way to ensure that the area will not be used for commercial purposes. MOTION AMENDMENT: Commissioner Bryson, as an amendment to the findings of fact, I would request that the area proposed for vacation is not permitted as a commercial access point either for loading or public, seconded by Commissioner Carignan. Commissioner Bryson further clarified the amendment by stating that Mr. Lowry could provide access off Tern Ave. by platting some orderly access through the property without routing it past the 4-plexes. L t , PLANNING & ZONING COMMISSION i July 23, 1986 Page 5 VOTE AMENDMENT: Motion passed unanimously VOTE MAIN MOTION: Motion passed unanimously 7. NEW BUSINESS - I is 1 . It t �y a. Lease Review: Extension of Construction Deadline - Lot 4, Gusty S/D - Ron Yamamo_t_o _ The memo from the City Attorney was reed. Commissioner Carignan stated that the memo seemed to suggest that there is not a "hue and cry" for the land and he seems reasonably convinced that Mr. Yamamoto is trying to develop the property. Chairman Lewis asked if the original lease was 2 years ago? answer yes. Commissioner Carignan stated that he would be for approving it, but not for an additional 2 years. Chairman Lewis stated that it could be approved for 1 year, it would have to go before FAA for approval anyway. Councilman Wise answered no, the attorney is suggesting it does. Commissioner Smalley stated that the memo did not indicate that a 2 year extension would not be out of line either. Commissioner Carignan felt that with the nature of the economy, Mr. Yamamoto may need 2 years. MOTIONS Commissioner Smalley moved for approval of the extension of the lease for 2 years for Mr. Yamamoto, seconded by Commissioner Carignan. VOTE: Motion passed unanimously 8. PLANNING Commissioner Carignan asked for a progress report on the Comp Plan. Councilman Wise answered that the Council voted it down. Chairman Lewis asked for the main objection. Councilman Wise answered that he voted for it becesue it was better than what we had, however, there were statements by Mr. Morehouse that Council did not agree with. Chairman Lewis asked where it stood at this point, Councilman Wise answered that it is in limbo. He stated that he felt the Borough would pull it out at the 39th hour and solve the problem. 9. REPORTS a. City Council The Council decided to combine the functions of the landscaping with site plan and old town. It is now up to Janet to rewrite the ordinance. i l I A d G.-7 CITY OF KENAI " d (?apd4d °j 4144a„ MONUM KENAI, ALMM "MI TMMIIQNE M • 7d3b _MORANDUM TO: Kenai City Council ty of Kenai FRO (!24im Rogers, City Attorney City of Kenai DATE: July 31, 1986 RE: Lot 4, Gusty Subdivision Ronald Yamamoto Lease This memorandum addresses Mr. Yamamoto's request for rescission of the above -referenced lease. Before discussing the City's legal options in the matter, it may be helpful to review the history of this lease and the lease application in order to place the request for extension in its proper light. HISTORY Mr. Yamamoto initially contacted the City on March 3, 1978 with a concept lease application for unplatted, unrelessed land. In the application (copy attached), he set out a concept for a retail sales office, block building construction, with a time schedule of two years maximum and an estimated value of the construction of $335,000. AT the Kenai Planning 6 Zoning Commission meeting of March 8, 1978, there as a motion made to table the conceptual lease until the master plan for the airport had been received. There was discussion as to whether or not the City had the authority to lease the property because it was unreleased land. Bill Brighton then made a special effort to write the FAA and request release of the property (see September 25, 1980 letter attached hereto). The property was eventually released. Mr. Yamamoto's original concept lease was sent back to him so it was not considered an active lease application and he was forwarded a copy of the plat and a new lease application. The City also p 1 t 0""1 _0 _. -------- - - - -- ..--� K, advised Mr. Yamamoto at that time that he had to brinq his loose rent current on Lot 3 (the Ski-Mo) before the City would jj authorize any lease agreement for the adjoininq City proporty (see attached April 9, 1984 J. Labahn letter). Between the time Mr. Labahn sent the above -referenced letter and the time Mr. Yamamoto received it, Pat Boyle submitted a loose application for the lot with an appropriate deposit. Mr. "option" loose Lot 4 ri Yamamoto went on to claim that he had an to because his concept lease application had been on file since 1978. The City again informed Mr. Yamamoto that it was the City's opinion that he had no "option" to the Lot 4. Mr. Yamamoto subsequently hired an attorney, the same attorney who is litigating the rate increase an the Ski-Mo property who wrote the City a letter. The letter (attached hereto), alleges that Mr. Yamamoto had a vested interest, that Mr. Yamamoto was the driving force behind the FAA release and that Mr. Yamamoto had been denied due process of law. The most important aspect of the letter is the fact that it demands that the 1978 lease application be given force and effect. The Planning Department then scheduled Mr. Doyle's lease & application for action by the Kenai Advisory Planning Zoning Commission on June 27# 1984. Another letter then arrived from Mr. Yamamoto's attorney demanding the some relief, and for the most part, expanding on his previous letter. Mr. Yamamoto's lease application was then referred to P&Z. The matter eventually come before the City Council on August 1, 1984. At that time the City Council remanded both Mr. Doyle's lease A. A M" Yamamoto's lease application back to P&Z for reque consideration as competing applications. A It is important to note that at the September 26, 1984 P&Z f- Meeting, Mr. David Clark (Yamamoto's attorney) made a presentation on behalf of Mr. Yamamoto in his attempt to have the lease awarded to him. In his presentation, Mr. Clark, first minimized Mr. Doyle's plans for a car wash and gas pumpso the maximum value was $75,000 and the employment 7- suggesting that from such an enterprise would be a "question mark." Mr. Clark A went further and suggested thatt "the application submitted by Mr. Yamamoto proposed to build a structure that will house office, retail, and perhaps a restaurant. The maximum construction value, approximately $750,000, employment in excess of what is offered by Mr. Doyle." Mr. Clark next went on to laud the tax values which would accrue to the City under Mr. Yamamoto's plan. Mr. Clark reiterated the fact that he felt hardly anyone would be employed by Mr. Doyle and intimated that Mr. Yamamoto was going to be employing a ji 2 r i 11.T .i i sizable work force at his proposed facility. Mr. Clark went so far as to suggest that twenty or so people would be employed by Mr. Yamamoto. In response to Mr. Clark's argument, Marco Zurak spoke in behalf of Mr. Doyle and cited some figures in support of the proposition that sales taxes on gasoline would probably match or beat any sales revenue from Yamamoto's property taxes. After reviewing the respective sides. At the October 249 1984 PR meeting, the Commission approved Mr. Yamamoto's lease with two slight changes to the plan. Mr. Yamamoto was asked to sign a lease and this generated more letters from his attorney discussing the percentage of interest in subleasing provisions. One of the important provisions in Mr. Yamamoto's lease was that he would complete development by September 1986. No construction has taken place on the property. In May 1986 Mr. Yamamoto contacted Kim Howard, Administrative Assistant. He wanted to know what he could do if he could not meet the construction completion date. At that time he was asked to submit a letter in writing to the City Council requesting an extension. A caveat that the Council may or may not approve such a request accompanied the advice to write a letter. Then on June 17, 1986 he telephoned the Legal Department and wanted to know if he could get out of his lease. The Legal Assistant explained to him that it may be possible to get a rescission. The Legal Assistant was quick to point out that it would be subject to approval by the City Council and again informed Mr. Yamamoto that he needed to write to the City requesting such a rescission of the lease. The stated reason behind Mr. Yamamoto's desire for a rescission was that he was not able to get the Pizza Hut to sign the lease and that he in essence wanted to give the property back. It is again important to note that the Legal Assistant told Mr. Yamamoto to send any written request to the City. Contrary to previous expectations, in July of this year Mr. Yamamoto requested a two year extension for development on the property and the matter was referred to F&Z. At the July 23 meeting, PhZ approved the request. DISCUSSION It now appears that because Mr. Yamamoto was unable to sublease the property he desires a rescission. Mr. Yamamoto's letter requesting a rescission attached hereto basically asks the City to accept the letter as a "Release of the property back to the City". ,IN 3 I�. f i -a 5 S. .. u As Mr. Yamamoto correctly pointed out to the Administrative Assistant, when construction fails to materialize, the City aRA (emphasis added) under paragraph 33 reenter and terminate the lease. This is not mandatory. The Council in itle discretion could approve the requested extension and hold Mr. Yamamoto to the terms of his lease. The fact that Mr. Yamamoto has now changed his mind and requested a rescission has no legal bearing upon whether the Council can approve the extension request. If Council so desires it may. If Council feels that holding Mr. Yamamoto to the terms of his lease is too onerous, it may be desirable to remand the rescission request to PAZ for action. A mutual rescission of the lease is legally acceptable under the terms nf this longe. Mr. Yamamoto's attempt to unilaterally rescind as evidenced by his letter is ineffective without the mutual consent of the City. A possible problem with allowing rescissions, in general, is that the Council could create a precedent in which at every lull in the economy, lessees return the property to the City only to line up later when things improve to re -rent properties. This certainly isn't to imply that such is Mr. Yamamoto's intent. Nonetheless, allowing rescissions because of simple economic downturns, in effect, puts the City in the position of acting as a subsidy provider for developers. In essence, the City has an obligation to the taxpayers to profit as much as possible from it's assets; the City is a municipal corporation and all that such a term implies. Mr. Yamamoto entered n o a lease with the City. A bargain was struck for a specified rental for a specified time and the City is entitled to that rental no matter how high the economy may swing or how low. While local businesses may be hard pressed, so too miqht the City become hard pressed if it is forced by lessees to acquiesces to the return of all of it's leased lands. The decision whether to hold Mr. Yamamoto to the terms of his lease rests in the discretion of the Council. All Council needs to do is approve Mr. Yamamoto's original request for extension or take no action. As long as the City does not mutually rescind or evict Mr. Yamamoto, he will remain liable for the rent. If Council desires to aid Mr. Yamamoto in this instance, the procedure would appear to require a remand to PAZ for analysis of his request to rescind. TJR/kh t Cd • / / 1,-be i V' si Z-1e �avi7� '�adrd s o } 0J` % �b c '" y t u Ln + � 6 ur R W oil 1 ' �►� .3 K r, CITY OF KENAI ,.Dil Cap" o f 41.4w"" fn � 210FIDALOO KENAI,ALASKA "Oil TELEPHONE 283.7535 I t r April 9, 1984 Ron & Catherine Yamamoto P. 0. Box 1056 Kenai, Alaska 99611 Subject: Concept Lease Application — Lot 4, Gusty Subdivision, Addition No. 1 Dear Ron, V. I am returning the concept lease application that you submitted to the City for the referenced property in 1978. This is not an active lease application in accordance with the Kenai Municipal Code. t... The described property has been platted and released for lease only by the Federal Aviation Administration. A copy of the plat - and a lease application is enclosed for you information. Please be advised that your lease rent on Lot 3, Gusty Subdivision must be brought current before the City will authorize any lease agreement for the adjoining City property. Sincerely► '�...'" Jef"f L brshn •. Land Manager ? Enclosure :,. JL/kh i 41 AONALD C.CVNMINO• GTCPNCN O. "OUT" SARAH T. SALLANTTNC OAVIO O•CLANA JONN W.5IVCNTSCw..a. June 1. 1984 CUtI MInGS 6 ROUTH A PR0796610NAL CORPONA110/4 ATTORNEYS AT LAW 103 CAST HINT" AVCNVL. OVITC 801 AOCAOQAGE,RLASKA 99501 y Jeff Labahn, Land Manager : c/o Tim Rogers, City Attorney City of Kenai 210 Fidalgo a, 1 Kenai, Alaska 99611 Re: Lot 4, Gusty Subdvision, Addition No. 1 { Our File No. 151-4 JI Dear Mr. Labahn �j A. LCC P9TCR5CN OP COVNSCL ! ARCH 007/816•2565 i II 1984 Eri My `AINIATR11 A TIOM CI-Y My client, Ron Yamamoto has asserted that he has a valid invested right pursuant to the concept lease application filed in 1978. I have not only reviewed the City of Kenai ordinances currently applicable to the lease of the subject property, but also the ordinances in effect when the concept lease was first filed. It is my understanding the prior ordinances gave a first -in -time, first -in -right opportunity to those who filed a concept lease on lands owned or managed by the City of Kenai. Therefore, as of March 3, 1978, Mr. Yamamoto had a vested interest in Lot 4, Gusty Subdivision. Not only did Mr. Yamamoto have a vested interest pursuant to the City of Kenai ordinances, but Mr. Yamamoto was a moving force behind having the FAA release the lot for develop- ment use. Ordinance No. 689-81, effective date August 1, 1981, although amending the former ordinances concerning applications for lease of City land, did not require former lease applicants to resubmit a new lease. Your letter dated April 9, 1984, failed to provide Mr. Yamamoto the required due process required when one has a vested right. Your rejection of the 1978 concept lease applica- tion was totally unwarranted and unprovided for. Your admonition that the lease rent on Lot 3, Gusty Subdivision, must be brought current before the City will authorize any lease agreement is totally unfounded and without support as the matter is currently in dispute with the City of Kenai. . L I a A� '-Ilaarl I Land Manager Jeff Lebahn, City of Kenai Page Two June 8, 1984 Therefore, pursuant to the requirement of the former and present City ordinances, Mr. Yamamoto, by and through this firm, demands that his lease application filed in 1978 be given valid con- ---- - ,: -` sideration and that Mr. Yamamoto be given his required due process pursuant to law. If you have any questions or comments, please do not hesitate to contact me* Very truly yours, CUMMINGS & ROUTH, P.C. DDCtkc A. cc: Ron Yamamoto Tim Rogers, City Attorney City of Kenai 71 `. 4 'A i J i r- 1 i�WA �! f t . AC0$sroov l C/4 M �phas�s 91ddtek TIIA ROOM CITY AnORMY CITY OF KENAI r.o.M= KENA% AIASKA 99611 283-ISP L Jet suit . lum of money after the termination, in airy . therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinotate, continue, or extend the resultant term therein domiaefl,ornotice destroy, or in any manner impair the efficacy of any uch Lessor to of termination as may have been given thereunder by ts the Lessee prior to the receipt of any ouch sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 47BUILDING AND ZONING CODES: Leased lands shall i be utilized n error ance with the building and azoningilure tordinances and rules and regulations of said authority. o so shall constitute a default. 48. FIRE PROTECTION: The Lessee will take all reasonable preceuE one o prevent, and take all necessary action to supr-ess destructive or uncontrolled grass, brush, or other fires on leased lends, and comply with all laws, regulations, and rules romulgated and located.action t 49. PERSONAL USE OF MATERIALS: All coal, oil, gas, and other miners s and a deposits Of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and b of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall pnot t sell mossor remove for use elsewhere any timber, stone, gravel, topsoil, or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 0,111 50. MUTUAL CANCELLATION: Leases in good standing be m�ttencw agreement byLesseerin and thetat Citysny time Council,upon mutual %, 51. UNLAWFUL USE PROHIBITED: Lessee shell not allow the leasehold pram ses to be usea fur an unlawful purpose. 52. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does 6-0-t re ieve t e essee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. 53. APPLICATION MADE PART OF LEASE: The application for lease upon —which ths Lesse s see , It e building infor- mation and development plans filed therewith, and the sheet entitled "For Your Information" lication,ting forth allthe ofconditions are For acceptance and approval of the apppp attached hereto and denominated Exhibit "A", are hereby incorporated by reference and made a pert of this Lease. 13 LESSOR: LESSEE: L - 10 IT 1? Brewer 4363, Kenai, Ak 99611 ;� ' .�► 283-4463 JUL 1986 July 31, 1986 C}, „ City of Kenai C1N OF KENAI City Council N��°2eis►t�9�y�� Kenai, Alaska 99611 Ref: Letter to Rescind Dear City Council Members: It is with great regret that I sit down to write you. However, economic conditions do not permit me to meet the goals I had set just a few years ago. These goals included expending my present food service establishment and establishing another business next to it. I would like to release: Lot 4, Block 1, Gusty Subdivision, effective Aug. 31 st, 1986. 1 took this lease seriously and invested a greet deal in it, in lease dollars, time, and effort to provide a viable, food service business adjacent to mg successful restaurant. As you will recall, my intent was to add a business to our community, which would compliment the businesses in Kenai. 1 worked long and hard to find suitable clients, and had several really interested parties. Meanwhile, the large amount of empty office space forced me to re-evaluate the possibilities and I contacted other types of businesses, chains, and franchises. However, in light of the economic downturn, and timing, financing was not to be. ..:` The changes in our all based economy, force me to set aside my goal of another business. A smell business of mg size can place only so much capital into another venture, and 1 feel I have ' reached that limit. Please accept this letter, as a release of the property beck to the City of Kenai. C 1 i :A 4L - l .t t i. '.l �I J7a(j. i •"i� a TIM ROGER* on An01NF1 CItY 00 KINAI .oW.Id sINN AIAI.A9%10 mvuv S!. COMPLETION Of CONSTRUCTIONi The Leooeo hereby gross to complete construe on of imp;ovemento described in the ease application attached hereto and specifically incorporated oroin within the time frame specified in the lease application, o wits Beginning Oatos June 1, 1965 - Completion Dotes September , 1966. Lessee further agrees that if construction is not ompleted by such date a Oefoult shall exist and the City may roceed to roonter and terminate the lease as provided by General ovenent No. 8. IN WITNESS WHEREOF, the parties hereto have hereunto so� heir hands, the day and year stated in the individual cknowledgments below. LESSOR: LESSEES STATE OF ALASKA CITY OF KENAI Aye 1 J. ghton City Manager RONAL S. Y MAMOTO By: � �• ,*Ianlna )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that an this 4cw day of 1984, RONALD S. YAMAMOTO, being pereona y known to meo me or suing produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public --TOP Alaska My Commission Expiiea: & LI-111 STATE OF ALASKA ) )ae THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 3—r day of . 1984, WILLIAM J. BRIGHTON, City Manager o_r the Cit C. ens , Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared befur0,me and acknowledged the voluntary and authorized execution of the foregoing Instrument on behalf SZ City. It Notary u c or aef"Tea My Commission Expires:,—�j ,,Approved as to lease form by City Attorney 1 a e Approved by Finance Director a: ni s s 14 LESSORS LESSEE : [14 -2- . Ast July 22, 1986 MEMORANDUM (erg CITY OF KENAI .,od ed,ai4 04".. 210 FIDAL60 X&M, ALASKA M11 TEMMON@ M • M$ f Tas Mayor. Tom Waqoner and the Kenai City Council Froms im J. Rogers, City Attorney ..- Res Gov't. Lots 15 8 16, Section 1, T5N, R11W, S.M. Ames Road - Kenaitze Tribe Zoning i In a June 16, 1986 memo, the applicability of the Kenai Zoning Regulations to the Kenaitze Tribe on the above referenced is hereto.) property was addressed. (A copy of the memo attached At that time the Council felt the best way to settle the issue once and for all would be to get a litigation report. The Legal Department then requested Alaska Title and Escrow Agency, Inc. to prepare a litigation report as to Government Lots _ } 15 and 16, Section 1, TSN, R11W, S.M. There has been some delay - because not all of the research for the litigation report could --` be done locally and inquiry regarding the status of the land with :4 the Bureau of Indian Affairs needed to be made in Anchorage. The litigation report has been completed and is attached hereto. The report indicates as to both properties that the interest of Edna Linderman is held under a native trust allotment. The property is subject to restrictions on alienation. There is nothing in either of the reports to indicate that the property :f 1 has been conveyed. As you will note on the litigation report i there is a note which suggests that any conveyance must be approved by the Secretary of the Interior. As previously explained, 25 CFR Section 1.4 provides that none of the laws, ordinances, codes, resolutions, rules or other regulations of any state or political subdivision limiting zoning apply to Indian lands which are held subject to a restriction against alienation posed by the United States of America. Because there is a restriction against alienation imposed on this :j 'j property by the United States according to the litigation report, the City of Kenai zoning ordinances do not apply. L J� F There is a provision within 25 CFR Section 1.4 whereby the Secretary -of the Interior or his authorized representative can upon application, make the local zoning ordinances applicable to the allotment land. It is apparently within the Secretary's sole discretion to determine what is in the best interest of the Indian owners and in the interest of achieving the highest and best use of the property. Under the CFR section the Secretary may consult with the Indian owners and solicit comments as to what should be done with the property. At Council's direction, a letter has been drafted for Wm. J. Brighton's signature to the Secretary of the Interior, and a copy to Jake Leatenkof, the Area Director for the BIA, in an attempt to have this zoning made applicable to the property. It is the perogative of Council whether or not to direct the City Manager to sign the letters. However, should the City proceed to attempt to change the status of these lends (or others) it is anticipated that the controversy will be of substantial duration. TJR/kh r) r— W� n L s;- CITY OF KENAI „ n Ol�l el ej �44" i 210 FIDALOO KENAI, ALASKA 66611 j TELEPHONE263-MO j i s MMORANQUM T0: Councilmembers ty of Kenai FROM: m Rogera, City Attorney ity of Kenai DATE: June 16, 1986 RE: Kenaitze Indian Tribe Use of Property Ames Street, Kenai On April 10, 1966, Norm Nault the Executive Director of the j Kenaitze Indian Tribe, in response to inquiries by this office, wrote a letter explaining the Tribe's position in regard to the above -referenced property. Mr. Nault cited CFR 25 Indiana (sic.), Part 150 through Part 152. He suggested that 151.2 contains the Federal Citations that are pertinent to the placing :t of the mobile home in violation of the city of Kenai zoning j ordinance. The City Legal Assistant reviewed those regulations and I concur that those regulations are not pertinent to this j question of law. Further research revealed that under 25 CFR §1.4(a), none of the 1 laws, ordinances, codes, resolutions, rules or other regulations i of any state or political subdivision, including those that limit zoning, apply to Indian property, leased from or held or used under agreement with and belonging to any Indian or Indian Tribe, g etc., that is held in trust by the U.S. or is subject to a ' restriction a sinst alienation imposed b the Wiled States (see i attached CFR regulations On April 14, 1986, the legal assistant telephoned Glenda Miller i at the BIA Realty Office in Anchorage and questioned her on the status of these lands. She claims that the lands in question are, in fact, subject to restrictions on alienation by virtue of f j the fact that they are Indian Allotment lands. Because these lands are subject to restrictions on alienation, I would conclude that 25 CFR 1.4 applies. If new facts were to arise as to the legal title to the land, however, this opinion would be subject to change. { 1R/clf Attachment >— L_ i I -�M - - ;� v - -- :,j �; �i 1. �SI �, t: i • ,. �1 :� �. l � } _. t I [a all i s , r , , , Explanation The Code of Federal Regulations Is a codification of the general and perma- nent rules published in the Federal Register by the Executive departments and 't agencies of the Federal Government. The Code Is divided Into 50 titles which represent broad areas subject to Federal regulation. Each title is divided Into chapters which usually bear the name of the Issuing agency. Each chapter Is further subdivided into parts covering specific regulatory areas. ISSUE DATES Each volume of the Code is revised at least once each calendar year and i Issued on a quarterly basis approximately as follows: !� ` Title 1 through Title 18..................................................................as of January 1 ;. ,ode CPR Title 17 through Title 27............................................................. .as of April 1 Title 28 through Title 41.......................................................................as of July 1 Title 42 through Title 50................................................................ as of October 1 CPR 1.2 The appropriate revision date Is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be Judicially noticed t44 �. U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the E text of the original documents (44 U.S.C. 1510). i HOW TO USE THE CODE OF FEDERAL REGULATIONS 1 : The Code of Federal Regulations is kept up to date by the Individual Issues of ., the Federal Register. These two publications must be used together to deter- mine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (In this case. April 1, 1985). consult the "List of CPR Sections Affected ]' (LSA)." which is issued monthly, and the *'Cumulative List of Parts Affected," which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amend- ment of any given rule. I EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal ° Register and date of publication. Publication dates and effective dates are usual-ly not the same and care must be exercised by the user in determining the { actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. j In those instances where a regulation published in the Federal Register states a f: -- --- - v t is S' • f L_ 1 a i; it date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL. NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 98.511) requires Federal agen• cles to take steps to reduce the Federal paperwork burden for Individuals, small businesses and State and local governments, as well as to maximize the useful• ness of information collection. One specific requirement of the Act Is for Feder• al agencies to display an OMB control number with the information collection request. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations In the CPR. These OMB numbers are Placed as close as possible to the applicable recordkeeping or reporting require. MULL OBSOLETE PROVISIONS Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1. 1973, consult either the List of CFR Sections Affected. 1949-1963, or 1964-1972. published in three separate volumes. For the period beginning January 1. 1973. a "List of CPR Sections Affected" is published at the end of each CPR volume. CPR INDEXES AND TABULAR OUIDES A subject index to the Code of Federal Regulations is contained In a separate volume. revised annually as of January 1, entitled CPR INDEX AND P119DtNo AIDS. This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I), and Acts Requiring Publication in the Federal Register (Table Ill). A list of CPR Titles. Chapters. and Parts and an alphabetical list of agen- cies publishing In the CPR are also Included In this volume. An index to the text of "Title 3—The President" Is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index Is based on a consolidation of the "Contents" entries in the daily Federal Regis- ter. A List of CFR Sections Affected (LBA) is published monthly, keyed to the revision dates of the 50 CPR titles. INQUIRIES AND SALES For a summary, legal Interpretation, or other explanation of any regulation In this volume, contact the Issuing agency. Inquiries concerning editing procedures and reference assistance with respect to the Code of Federal Regulations may be addressed to the Director. Office of the Federal Register. National Archives and Records Administration, Washington. D.C. 20408 (telephone 202-523-3517). Sales are handled exclusively by the Superintendent of Documents. Oovern- ment Printing Office. Washington, D.C. 20402 (telephone 202-783-3238). JOHN E. BYnNE. Director, Office of the Federal Reols(er. April 1. 1985. Lip A L Title 25-1[Nomms Is cc represent all current reg( 1.1985. A redesignation table a For this volume Mildre lations publication progn by Robert E. Jordan. 1 fF , ' 4' ti 0 t; di �i r _ _ g t Edition) 1 3ureou of Indian Affairs, Interior on Pepe 1 SUBCHAPTER A —PROCEDURES AND PRACTICE 606 1 PART 1—APPLICABILITY OF RULES 1N OFIR: E BUREAU OF INDIAN AF• 3«» 608 #341 kt. 849 ;fib- _... 664 678 «. 677 9f„„ 700 709 718 724 see. 1.1 IReservedl t.2 Applicability of regulations and re• served authority of the Sceretary,ot the Interior. 3 Scope. 1.4 State and local regulation of the use of Indian property. -.10 Availability of forma Aoraoarrv: 5 U.S.C. 301; R.S. 463, 25 :,.S.C. 2. Soon= 25 FR 3124, Apr. 12, 1980, unless etherwlse noted. 1.1 [Reserved) 14 Applicability of regulations and re- served authority of the Secretary of the Interior. The regulations in Chapter I of Title 25 of the Code of Federal Regulations cre of general application. Notwith- standing any limitations contained in the regulations of this Chapter, the Secretary retains the power to waive or make exceptions to his regulations as found h1 Chapter I of Title 25 of the Code of Federal Regulations in all cases where permitted by law and the Secretary finds that such waiver or ex• ception is in the best interest of the Indians, 91.3 scope. Chapters I and II of this title con. Cain the bulk of the regulations of the Department of the Interior of general application relating to Indian affairs. Subtitle B. Chapter I, Title 43 of the Code or Federal Regulations contains rules relating to the relationship of In• dians to public lands and townsites. Subtitle A of Title 43 of the Code of Federal Regulations has application to certain aspects of Indian affairs and, among other things, contains proce- dural rules for appellate and other ad- ministrative review and for practice before the Department of the Interior. of which the Bureau of Indian Affairs is a part. Indian health matters are CPR Part 36. Title 30 of Federal Regulations con- 9 9 1.10 tams regulations on oil and gas and other mining operations, which, under certain circumstances, may be applica- ble to Indian resources. 125 PR 3124. Apr. 12, 1950, as amended at 40 PR 20625. May 12, 1975. 48 PR 13414, Mar. 31, 10831 0 1.4 State and local regulation of the un of Indian property. (a) Except as provided in paragraph (b) of this section. none of the laws, ordinances, codes, resolutions, rules or other regulations of any State or polit- ical subdivision thereof limiting. zoning or otherwise governing, regu. lating. or controlling the use or devel- opment of any real or personal proper- ty, including water rights, shall be W plicable to any such property leased from or held or used tinder agreement with and belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is sublect to a restriction against alien- ation imposed by the United States. (b) The Secretary of the Interior or his authorized representative may in specific cases or in specific geographic areas adopt or make applicable to Indian lands all or any part of such laws, ordinances, codes. resolutions. rules or other regulations referred to In paragraph (a) of this section as he shall determine to be in the best inter• est of the Indian owner or owners in achieving the highest and beat use of such property. In determining wheth- er, or to what extent, such laws, ordi- nances, codes, resolutions. rules or other regulations shall be adopted or made applicable, the Secretary or his authorized representative may consult with the Indian owner or owners and may consider the use of, and restric- tions or limitations on the use of. other property in the vicinity, and such other factors as he shall deem appropriate. 130 PR 7520. June 9. 19051 01.10 Availability of forms. - Forms upon which applications and related documents may be filed and upon which rights and privileges may L I l R " � ALASKA TITLE & EscR0W AGENCY, INC. /Atk ,� LITIGATION REPORT TO: City of Kenai Box 560 Kenai, AK 99611 Attn: Ron Date: July 10, 1986 at 8:00 a.m. File #35524 Fee $200.00 TICOR TITLE INSURANCE COMPANY AGREES THAT TITLE TO THE PROPERTY DESCRIBED HEREIN IS VESTED ON THE DATE SHOWN ABOVE IN THE UNITED STATES OF AMERICA, in trust for EDNA M. LINDERMAN, an Indian of the Cook Inlet Tribe, an estate in fee simple By EA RICK BRIAN VALIDATING SIGNATORY VICE PRESIDENT SUBJECT ONLY TO THE EXCEPTION SHOWN HEREIN DESCRIPTION: Government Lots Fifteen (15) and Sixteen (16), Section 1, Township 5 North, Range 11 West, Seward Meridian, records of the Kenai Recording District, Third Judicial District, State of Alaska. 130 Trading Bay Drive. Suits 300, Kenai. Alaska 99511001)207503 189 S. 81nkley Street. Suite 102, Soldotna, Alaaka 99889(907) 262-4457 I �.I <s lk . y Al �i d r i LITIGATION REPORT CONTINUED e two aq le A35524 SUBJECT T0: 1. Reservations and exceptions as contained in Native Allotment Recorded : December 20, 1974 Book/Page : 81/681 2. "Subject to a road reservation of 33 feet along each side of the section line as created by 43 U.S.C., Section 932" 3. Taxes and assessments, if any, due the taxing authority indicated. Taxing Authority: Kenai Peninsula Borough. T A. 4. The interest of Edna M. Linderman is held under a Native rugs - Allotment Dated : December 20, 1974 -;i Recorded : December 20, 1974 Book/Page : 81/681 NOTE: Any Conveyance of said interest must be approved by the Secretary r i of the Interior, Bureau of Indian Affairs. _ - S. This report is restricted to the use of the addressee and is not to be used as a basis for closing any transaction affecting title said property. Liability of the Agency is limited to the - i-.ompensation received therefor. RB/11 07/21/86 i+ ATES i ALASHA TITI E & ESGRO W A(YENGY, ING. 01011 LITIGATION REPORT TO: City of Kenai Box 580 Kenai, AK 99611 Attn: Ron Date: July 10, 1986 at 8:00 a.m. File #35524 Fee $200.00 TICOR TITLE INSURANCE COMPANY AGREES THAT TITLE TO THE PROPERTY DESCRIBED HEREIN IS VESTED ON THE DATE SHOWN ABOVE IN THE UNITED STATES OF AMERICA, in trust for EDNA M. LINDERMAN, an Indian of the Cook Inlet Tribe, an estate in fee simple By 0, /� By K BRIAN VALIDATING SIGNATORY VICE PRESIDENT SUBJECT ONLY TO THE EXCEPTION SHOWN HEREIN DESCRIPTION: Government Lots Fifteen (15) and Sixteen (16), Section 1, Township 5 North, Range 11 West, Seward Meridian, records of the Kenai Recording District, Third Judicial District, State of Alaska. 130 Trading Bay Drive. Suite 390, Kenai, Alaska 99611(907) 283.7603 s 189 S. Sinkley Street, Suite 102, Soldoina, Alaska 99669 (907) 262.4457 j t t L yiL r' f L - l 1y lr n ji i t4' LITIGATION REPORT CONTINUED Page two jfile i #35524 i SUBJECT TO: 1 1. Reservations and exceptions as contained in Native Allotment S Recorded : December 20, 1974 Book/Page : 811681 ?i 2. "Subject to a road reservation of 33 feet along each side of the section line as created by 43 U.S.C., Section 932" - '-T 3. Taxes and assessments, if any, due the taxing authority indicated. 'U Taxing Authority: Kenai Peninsula Borough. ` i- 4. The interest of Edna M. Linderman is held under a Native Trust _... T Allotment Dated : December 20, 1974 Recorded : December 20, 1974 ,;. Book/Page : 81/681 u� Secretary NOTE: Any Conveyance of said interest must be approved by the . i of the Interior, Bureau of Indian Affairs. . S. This report is restricted to the use of the addressee and is not to be used as a basis for closing any transaction affecting title to said property. Liability of the Agency is limited to the E f'---�ompensation received therefor. RB/11 07/21/86 ATE5 i J ... yy . A..... .. tt- : .✓ .. .. ..+ l� 4: r. CITY OF KENAI Oil 4&44 TIEWPHONB M • T6ab ; August 7, 1986 Donald T. Hodel i Secretary of the Interior U. S. Department of the Interior Washington D. C. 20240 Res Kenaitze Tribe - Request to apply local zoning laws 125 CFR § 1.4(b)] Dear Mr. Hodels '$ t !. .:�. '. J _ji Ai i' ? i 10 eginning in March of 1986 the Keneitze tribe started moving obile homes onto the property located at Government Lots 15 and 6, Section 1, 75N, R11W, S.M. within the City of Kenai, Alaska. ormally this would be a violation of the City of Kenai's Zoning rdinence which prohibits mobile homes in rural residential ones. (See attached Zoning Code.) I have been informed that nder 25 CFR Section 1.4 the City's Zoning Regulations do not pply to the Keneitze Tribe on this particular property because he property is subject to a restriction on alienation. his letter is to request that pursuant to 25 CFR Section 1.4 (b) you make the City of Kenai Zoning Code applicable to the Government Lots referenced above. I believe this would be in the b b peat interest of everyone involved in achieving the highest and eat use of the property. The area surrounding the allotment roperty (see attached map) is located within the Beaver Loop area of the City of Kenai. This area has aeon substantial growth in the past few years. On the road leading into the property, Ames Road, there are a half -dozen lots on which are situated several well planned and executed houses. The Beaver Loop area in general has been the site of the building of several expensive end attractive houses within the past few months. Nearby to the property are several subdivisions. It had been hoped that growth within the City could be expanded to include quality homes within some of the areas off Beaver Loop within the Ames Road vicinity. To allow mobile homes within the vicinity disrupts the continuity and defeats the entire purposes of City 7 1 r i 1 Zoning Code. In addition, any traffic going to the meeting buildinq in which the Indians intend to build will also disrupt the rural residential character of the neighborhood. a In short, it is the City Council's wish that this zoning be made applicable to the Government Lots. This request is consistent with protecting the public's sefety, the health and welfare of the general citizenry of the City. I feel it would be in both the City's interest and the Kenaitze Tribe's interest to maintain the property in it's rural residential character. I look forward to your response. . i. Sincerely, Wm. J. Brighton City Manager Enclosures cc: Joke Lestenkoff, BIA Area Director, Juneau f Rose Brady, BIA Realty Division WJB/kh i S i { I i S 4 L (-)I { , h } F FirepltsbelogdugThursdayeaKeodtmind lbhmd.lPholobyRoygbapleyl ...Native land has different rules Contlnuadbomps0eA�1 '. lotion of city ordinances. Second, ae a neighbor. be is concerned about the i=eas- ed traffic down Ames Road, a gravel road designed for residential use. He said the res- idents wouldn't be to concerned it the tribe .had rat a read dimly out to Beaver Loop Road ' In addition, he said the meblle homes ban been moved to within three feet of his prop- erty line who other property owners are requiredtoabidebya lafoot setback. The resideste lave signed a petition pro- teabmg the use of the land as a tribal center. sed ilmalley said he is scheduled to apeak to ohs city eomtcil at ifs next meeting. The subject was discussed at the last cou na meeting in which the administration was aslted to look late petitioning the Seer& �Major in Mike ��subject Tim Rogers has already stated that H the ti- do realty does bear the Indian allotment eLsdfieatio% the city has no jueisdietiom GM0. '. "At this point in time we're not requesting am Injunction, but we're hoping the city does rrhat'saeetnaary." ,,.,- . .....�•. ,' Null; said that be has a solid background in urban planning and intends to build a Mtelan project that b up to code. He said the tribe is currently working to make Bore the road would be a problem. "Maybe we'll go to the council and eee d they'd pave it," he said. He also suggested the city could post it at 15 mph or put up signs about children aAcco ding to Karen Poncho, realty specialist with the BIA, Indian allotment land was instituted as the result of an act of Cosgress in leoe. Under the act, eligible Natives could apply to the BIN for up to 150 acres of unreserved and unappropriated Iand. The application was then given to the Bureau of Land Management to make sure the applicant "proved up" on the land by us- ing it for five years, and than BLM would issue a certificate of Indian allotment. The b tiro allotment classification meant the land was held in trust by the federal gov- ernment, and so sale. lease, mortgage or other reconveyance of the property could be done without BlA approval. Poncho said that when a person wants to sell, the property is advertised by the BIA. Thirty days later bids are opened. The prop• erly goes to the highest bidder. In the Linderman property, the Kenaitee Tribe was the highest bidder. Poncho added that the classification of Indian allotment would can. dace it the pun ehaser is also Native. Poncho add that the Indian allotment pro- gram was abolished by the Alaska Native Claims Settlement Act, and any claim filed an—nec 15 1971 wasnotvalld t! 1, the septic system meet state Department F,nvieeomthe Neither Nault nor both the BIA offices In 1 tribehas applied __ He sold the tribe has applied for a pHWW Beast hem the federal Department of Hoes' Anchorage or Juneau could give an accurate accounting of how much land within the city a p log and Urbana Develppmeni to build a com- munity center which during oft hens would of Kenai Is classified as hu h n allotment. Nault said he Is currently trying W map all _ , —_- - -�- -- -.-A be open to the community for bush" meetings so workshops. The area would the different types of lands owned by Natives throughout the peNa". He said there Is a also feature a park and a 10. to 15•aen parcel fes sgrkroiture. The property Willreplace big problem In that some of the Natives have died without receiving their certificates of ` the tribe's current office at Wtidwood, to make way for potential enpanslon of the Indianallotment from die SIX Poncho agreed that time were still many 1' 1' �. Wtidwaod Comctioral Center. Nault said the center would be open from 0 outstanding claims. She sod one reason was some of the Natives had tiled for 4, a.m. to 4:80 P.M. and agreed the traffic on land almdy appropriated. ieadmeaineachtradeatthe - for "St. borough were making more lots of n money than he was. He later gaturday commented he did not com• Shepley) plain when he didn't receive a promised raise for months, explaining he'd always been "' V n ,,borough -minded." He said he eventually received a cominue merit raise. ..We t. Maintenance superviser local." Don McCloud said no harm standarg would bo done by the resolu- also doit don. "It may look like we're Associal picking on him, but we're ing IOL not," McCloud said. "We're Conwesc cutting back and making the labor. departments more effl- .1-6 t. m ACTIOI MILE 8 KENA: THE AL MER 35 HP. $296950.0 These engines are buil' run day after day, seat after season. Durability' measured in thousand. hours. WE ALSO H. SERVICE & PA: "Wbtlo you Ny trier aw t I Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1160-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, CHANGING SECTIONS 17.20.010 and 17.20.011 OF THE KENAI MUNICIPAL CODE REQUIRING A MANDATORY WATER CONNECTION FOR ALL STRUCTURES WITHIN 200 FEET OF THE CITY WATER SYSTEM AND ABANDONMENT OF THE OLD WELL(S) SERVING THESE STRUCTURES. WHEREAS, in many areas of Kenai the City has run water and sewer lines to serve the public, and WHEREAS, the cost of maintaining and operating these lines are borne by the users of the system, and WHEREAS, the Alaska Department of Environmental Conservation will not issue the sewer operating permit for the new lines without assurances that private wells within a specified distance are properly abandoned, and WHEREAS, requiring mandatory water connection and abandonment of private wells when the public water system becomes available is in the beat interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Sections 17.20.010 and 17.20.011 of the Kenai Municipal Code be changed as follows: 17.20.010 Mandetarx Connections It shall be mandator for all at-rurturea antacentible to beeina'or currentiv beina a source eino use er svatem orov c distance snail us measures bY a atr81 nt line noLwiLnaLenain e P Is impracticality of such being a necessar distance of line being required. It sheshail be man a ory for the owner, opera or, or users of a private well supplying water to a building [serving the public in any manner] to arrange and Rt [any] pay for connection of said structure of facility to e available municipal water system and the abandonment of well(s) no longer being utilized. Conner on ES e y water 'aiatribUtion system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68) 1 L a 17.20.011 Mandatory Charges: Each lot or parcel of lend which abuts uponreet oar public way containing a public water main or a public water system, which lot or parcel �. of land contains any structure susceptible of using or currently using any water system and which is or is to be • within 200 feet of an existing public water main or public F water system, shell be required to connect to the public water s ste and shell be charge a prevailing monthly amountor - / public wa erpub c services. [whether or not said lot or parcel ff. ectuaIII connect to tTe public water main or public water r. system.(Ord 816) F PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1986. f ATTEST: k .-E, I,3anet Selan, My C er First Reeding: Second Reading: - Effective Date: i Written by Public Worke: :z �2 '--- L 2 August 69 1986 August 20, 1986 September 209 1966 L L_ CITY 4F KENAI "nJ'j&V1 4 4"os, od :, V f 210 FIVALOO KENAI, ALAM W11 �> {: s TFLOPHONE483-76110 MEMORANDUM 11 ,. i TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director p s. FOR: CITY COUNCIL MEETING OF AUGUST 6, 1986 �{- - DATE: July 30, 1986 SUBJECT: MANDATORY WATER HOOK-UPS --S ADEC will not allow the City to operate our new sewer system on the , ro MAP project because of the p � possibility that there could be private - wells within the required separation distance between a well and { sewer lines (this distance can vary from 75 to 100 feet). Locating all the wells in the area could be rather costly and may not be necessary if we enact the proposed ordinance changes attached to ' this memorandum. I think ADEC will be satisfied if we require mandatory water connections to our water system and abandonment of the old private well(s) prior to the operation of the City sewer mains. i, Our present Code requires that if there is a structure susceptible of using water within 200 feet of our main, we charge them the 1 prevailing monthly rate. However, our Code does not requirethem to connect and abandon their well. Attached are pages 1T- ,=, and 8 of our Kenai Code as it is presently written. I have written this ordinance -that makes changes to 17.20.010 and 17.20.011 and I would _ suggest we present it to Council at the August 6, 1986 meeting. This is desperately needed and needed immediately. 10 L III Al:_ § i .. - - _j- . - �`rn%_nnnnmvrm'mTm':rTmrm�'.+- 1, F f f F O0 e D BIU SHEFFIEW, GOVERNOR DEPT.OF ENVIRONMENTAL CONSERVATION rN.vhon.: 19071 aeer.,,: 262-5210 P 0 Box 1207 Soldotna, AK 99669 i November 13, 1985 Bruce Robson McLane 8 Associates, Inc. �b- P.O. Box 468 L Soldotna, Alaska 99669 Re: M.A.P. 1985 Water and Sanitary Sewer Improvements Dear Mr. Robson: This office received supplementary information concerning the above referenced project on October 29, 1985. Items 1 and 2 of my letter of September 6, 1985, have been satisfactorily add- ressed. Concerning the encroachment of the proposed Qewer extensions into existing protective well radii, again I am unable to approve of these plans until this matter has been satisfactorily addressed. The wells in question must be specifically identified and located. Special sewer line construction practice may allow the required separations to be waived to lesser distances. If not, this office must be assured that these wells will be abandoned prior to operation of the sewer mains. The present city ordinance does not require connection to an existing water main, nor abandonment of wells no longer being utilized. If the wells are to be aband- oned, then either a registered engineer must verify that proper abandonment pro- cedures have been conducted, or a city ordinance must be enacted providing a means of assuring that proper well abandmment procedures will be exercized. Please contact this office if there are any questions. Sincerely, me \ OAA�-) .14/L'J� Paul D. Horwath Environmental Engineer 01 9 17.10.050-17.15.010 17.10.050 ECPz:n Connect ions and Extensions: Customers will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefor. The City will maintain sewer connections, except for damages resulting from freezing. The City will in no way be responsible for sewer extensions. (KC 17-61) 17.10.060 Qiag.Qntinuange gf Service: The City may at any time without notice discontinue sewer service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given whenever possible but the City shall not be bound to do so. (KC 17-62) 17,10.070 Rules, Regulations, and Rates: The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, connections, and extensions which will be served directly or indirectly by the City sewage system as are necessary to protect public property or the safety or health of the public, and to establish rates for sewer billing and collecting for the support of the system, and no person shall fail to comply with any such rule or regulation. (RC 17-63; Ord 686) Sections: 17.15.010 Mandatory connection. 17.15,020 Connection standards. 17.15.030 Connection payment. 17.15.040 Private self-contained sewage disposal systems. 17,15.010 Mandatory- ;on: it shall be mandatory for all structures susceptible to being or currently being a 17-6 (City of Kenai Supp. 9 - 6/10/81) L R C E_ 0 1 17.15.-n' 1-17.20 source From which sewage may or is being generated, to be connected to the public sewage system provided that any part of ` the structure is or is to be within 200 feet of an existing 1 public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being 5 the necessary distance of line being required. (KC 17-64; Ord 394) 17.15.020 Connection Standards: Private sewers intersected t by municipal sewer lines shall be connected to said private sewer i lir.-s as provided by rules and regulations of the City of Kenai. That in the event such connection repairs complete replacement of so-called "private sewer line," then in that event the owner thereof shall have that portion (not including the connection to " the City water main) replaced with installations conforming to the standard of construction prescribed by this Code within one year from the date of the initial connection to the main sewer trunk. (KC 17-65) 17.15.030 Connection Payments Connections of private sewer •lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is health to connect necessary in the interest of public and welfare ` a private sewer line before Finding and notifying the owner, then ` ! the City may do so and may charge the cost of such connection to the owner, operator, or user of said private sewer line. (KC 17-66) 17.15.040 Private Self -Contained Sewage Disposal Systems: Any private sewage systems which are self-contained on the i �. premises of any one owner shall be replaced by a connection to .. the municipal sewer in not less than 12 months from the date when such service becomes available to the premises in question. (KC .- 17-67) Chapter 17.20 CONNECTION TO PUBLIC WATER SYSTEM > , Sections: 17.20.010 Mandatory connection. - -- - -- ---- 17.20.011 Mandatory charges. i 17-7 (City of Kenai Supp. 023 - 7/20/83) L , { i --, G � C' t .a .z ! 17.20.010-17.20.030 17.20.020 Connection payment. 17.20.030 Private self-contained water systems. 17.20.040 Persons authorized to accomplish connections. 17.20.050 Penalty. 17.20.060 Charges in lieu of assessments. 17.20.070 Connection charges to sewage collection system. 17.20.010 Mandatory Connection: It shall be mandatory for the owner, operator, or users of a private well supplying water to a building serving the public in any manner to arrange any pay for connection of said structure of facility to the available municipal water system. Connections to the City water distrib- ution system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems. (KC 17-68) 17.20.011 Mandatory Charges: Each lot or parcel of land which abuts upon a street or other public way containing a public water main or a public water system, which lot or parcel of land contains any structure susceptible of using or currently using any water system and which is or is to be within 200 feet of an existing public water main or public water system, shall be charged the prevailing monthly amount for public water services, whether or not said lot or parcel actually connects to the public water main or public water system. (Ord 816) 17.20.020 Connection Payment: Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. (KC 17-69) 17.20.030 Private Self -Contained Water Systems: Any private water system which is self-contained on the premises of any one owner which supplies a facility serving the public in any manner shall be replaced by a connection to the municipal water system not later than September 1, 1966. (KC 17-70) (City of Kenai Supp. 023 - 7/20/83) 17-8 L H. Y CITY OF KENAI „dd ea, al o� 4 To"110M M • Mll July 30, 1986 TO: Council FROMt Janet Whelan City Clerk REs Pre -Clearance, 6-24-86 Election On July 17 the U.S. Attorney General's office contacted this office stating they could not locate the materiel I sent them for pre -clearance for the June 24 election. They were given the OHL number, they called back to say they had located the material. On July 22 they contacted me again that the minutes of Council meetings had referred to testimony objecting to the date of the election because it was a fishing date. They wanted to know the number of absentee votes and how they were effected by the fishing day. I explained I had published notice of the election 4 times and had stated in the notice that absentee ballots were available. (This material had been sent to them with the original pre -clearance request) They asked the number of voters in this election compered to the October 1985 election, the number of registered voters and a break -down by ethnic background. I explained we do not have information on ethnic background. They asked if I offered ballots for Native voters in the Native language, I explained all the Natives in the City speak English. 8 / We still have not eceived pre-cl for this election, it was requested on May expedited consideration." jw L „ ..---__.. ,, r__ I a Y ` _ h U.S. Department of Justice Civil Rights Division WBR:MAP: DKH: gmh Waftwo,,AC 20330 DJ 166-012-3 P5023 July 28, 1986 Ms. Janet Whelan City Clerk 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Whelan: This refers to the procedures for conducting the June 24, 1986, special election for the City of Kenai in the Kenai Peninsula Borough of Alaska, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your initial submission on May 30, 1986; supplemental information was received on July 2, 1986. In accordance with your request, expedited consideration has been given this submission pursuant to the Procedures for the Administration of Section 5 (28 C.F.R. 51.32). The Attorney General does not interpose an objection to the change in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure o A nrnev General to obiect does not bar any subsequent Judicial action to enjoin the enforcement of such change. In addition, as authorized by Section 5, the Attorney General reserves the right to reexamine this submission if additional information that would otherwise require an objection comes to his attention during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.42 and 51.48). Future submissions under Section 5 should be addressed to the Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, D.C. 20530. The envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act. See also 28 C.F.R. 51.22. Sincerely, Wm. Bradford Reynolds Assistant Attorney General Civil Rights Division .► /1 . t � J B ,,,Gerald W. Jones Chief, Voting Section F L IN CITY OF KENAI ,110d cap" 0i t414 2:0 FIOALGO KENAI, ALASKA 9M TELEPHONE M - M5 CERTIFICATE I, Janet Whelan, City Clerk, do certify that this date, using incinerator of the Central Peninsula General Hospital, burned official ballots for the election dated Oct. 1, 1985. J� at Whelan, City C1 DATED: July 22, 1986 The undersigned acknowledges witnessing both the incinerating the above listed end the execution of the certificate by the ua�.r Clerk. Witness Witness LAW tc _ F• . t ti 4 i 1 t 1 Li -00 DEPAIMMENT OR REVENUE 5r0 W. 7th Avenue w � AL00HOLICBEVERAGECOWROL BOARD Anchorage, Alaska 99501 r i July 16, 1986 Kenai Merit Inn Corp. dba: Bachside Saloon & Broiler 1317 W. Northern Lights - Suite 205 .1. Anchorage, AK 99503 r Your request for a new duplicate heveragg dispgnsarg license was approved by the Alcoholic Beverage Control Board at its meeting of Ju1v 9. 1986 Upon notification that your premises are completed, please schedule a final inspection through our enforcement staff. Your license will be issued upon receiving a satisfactory review. cc: governing body - Kenai' ce� 2J 8- 8� 41nce, Betty L. Calhoon Records and Licensing Supervisor (907) 277-8638 A a ri 3 F �r- CITY OF KENAI -0d Ggapdal a j A" 110FIDAL60 KBNAALASKA 99611 THLEPNON8M-MO July 28, 1986 T0: Council ��ff��Q,a/►�- FROM1 Janet Whelan G` City Clerk RE: Microfilming of City Records The microfilming is complete. We went way under budget, we figured $10,000, the cost was $3,940. There were 2 reasons fc the lower cost - one, the records of the City were in very goc condition and did not require much prep work; two, we had hope to microfilm records of other departments, but only did the Clerk's and P&Z records (an additional $947). They did an excellent job and completed it in shorter time thi estimated. jw N- s MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: July 24, 1986 SUBJECT: Classification Study Janet Jaron will be in Kenai on August 27 and 28, and has asked for a worksesaion with Council on one of those evenings. Please set a worksession date and time. G f r s is - 3:¢ �i N•6 KENAI PLANNING 8 ZONING COMMISSION July 23, 1986 - 700 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL y 2. 3. 4. L Presents Lewis, Bryson, Carignan, Oleson, Osborne, Smalley, Absents Zubeck APPROVAL OF AGENDA Agenda approved as submitted PERSONS PRESENT SCHEDULED TO BE HEARD None PUBLIC HEARINGS a. Resolution PZ86-30: Rezone Tract E, Sprucewood Glen S/D from Suburban Residential (RS) to General Commercial (CG) - Schilling Chairman Lewis asked if there was anyone present to represent the proposed rezoning. No response. Chairman Lewis then opened the meeting to public testimony. Faith Langston, 301 Walker Lane. I also own three other parcels of land on Walker Lane and Tern Ave. First I would like to submit several letters from persons in the area who are not able to attend the meeting. (Letters entered into the record and passed among the Commissioners.) All letter opposed the rezoning. Mrs. Langston went on to state that since Tern Ave. had been extended through to Walker Lane, there has been a worse traffic problem. As most of you may have heard, last week a girl was hit by a car on Tern Ave. I feel that the area is far too dangerous right now. If you choose to rezone this property we would ask that you ensure a buffer strip along Walker Lane similar to that further north abutting Lowry's property and that no access be allowed onto Walker Lane. Craig Fitgerald, 204 Sterling Court. I attended the meeting regarding the Pizza Hut on Walker and Spur, close to this dense residential area and opposed it. A commercial designation threatens the residential character of the neighborhood and no one likes to look at the back of a commercial enterprise. I would also request a buffer strip with no access onto Walker Lane. I feel this would help to maintain the residential integrity of the area. a� i PLANNING & ZONING COMMISSION July 23, 1986 f Page 2 i Robin Walsh, 304 Sterling Court. I also oppose a rezoning or if rezoned, the restrictions stated by the others. Chairman Lewis returned the comments to the Commission. i Commissioner Bryson asked if Public Works had commented, answer no. Has Public Works ever done a recent evaluation of the traffic in the area, answer unknown. Commissioner Smalley stated that during the school year the students are known to cut throuqh Walker Lane and Tern Ave. to get around pulling left onto the busy Spur Hwy. Councilman i Wise asked what protection does the code offer for a buffer between adjacent land uses, answer none. In the ordinance revisions presented to Council, there is a section under 'Additional Requirements' that references an alley which separates the two zones, and the Landscaping Ordinance speaks to perimeter buffers, however, nothing substantial. Commissioner Smalley noted that some of the letters presented are not protesting the rezoning but that protection be offered in the form of , a buffer and access. I feel uncomfortable with no specific plans for the development of the property. Councilman Wise agreed, stating that there is no way a buffer can be provided without a site plan. Commissioner Carignan stated that he felt the property lends itself well to r commercial development taking into consideration the surrounding land - uses, however, am concerned with a residential area so close. Both the existing and the proposed Comp Plan designate the area as commercial. Councilman Wise asked that all persons in the area previously notified by certified mail be notified again of the next meeting by post card. MOTION: Commissioner Smalley moved to postpone until the petitioner can be present and that a traffic survey be done by public works, seconded by Commissioner Carignan VOTE: Motion passed unanimously b. Resolution PZ86-31: Variance from Setback Requirement - Lot 57-A, Peter S/D - Koerber The petitioner was not in attendance. There was no public comment. Planning Specialist Loper explained the situation and asked for the wishes of the Commission. Commissioner Carignan asked if it would be viable to deny the variance but issue a statement of non-ojection or some other method, answer probably yes. The problem is not that the Commission objects to the removal of the setback line, but the use of the variance. Commissioner Smalley stated that our policy has not been to issue a variance to right a wrong, I would be in favor of a statement instead. L L li r) --i '-. - - .... '. i PLANNING & ZONING COMMISSION July 23, 1986 Page 3 MOTIONt Commissioner Carignan moved to deny the variance, however issue a statement of approval to the Borough and request that the Borough proceed with the replotting of the property, seconded by Commissioner Smalley Commissioner Osborne asked if the variance to denied, what happens to the financial institution. Planning Specialist Loper explained that the goal to remove the setback line is still achieved, it is just done in a somewhat different manner. Hopefully, by setting a policy of issuing a statement similar to that done for vacations, the platting can be accomplished thus satisfying the Borough and developer. Commissioner Smalley stated that this appeared to be the lesser of two evils and see if the Borough will accept it. VOTE: Motion passed unanimously i. APPROVAL OF MINUTES OF July 9, 1986 MOTION: Commissioner Carignan moved for unanimous approval of the minutes, seconded by Commissioner Bryson VOTE: Motion passed by unanimous approval 6. OLD BUSINESS a. Preliminary Plat PZ86-21: Amend S/D #3 The request for a siting of the existing building has been met. The building violates no zoning restrictions. MOTION: Commissioner Smalley moved to take PZ86-21 from the table, seconded by Commissioner Carignan VOTE: Motion passed unanimously MOTION: Commissioner Carignan moved approval of PZ86-21, seconded by Commissioner Osborne VOTE: Motion passed unanimously i 1 L n PLANNING 8 ZONING COMMISSION July 23, 1986 Page 4 b. Vacation 4,200 aq ft of Sprucewood Rd within Sprucewood Glen S/D p3 Lowry & Partee --- — Commissioner Bryson asked if this portion were vacated, what parcel would it be attached to, the commercial or residential, answer unknown. Commissioner Carignan stated that he couldn't see why Mr. Lowry wants that vacated. There is a turnaround. The only thing I can see is that he wants to grab that property and extend lot 10. Commissioner Smalley supports that concept. Commissioner Bryson asked why the concern for the wall, answer unknown except for the memo from the engineer. Commissioner Carignan asked if there were plans to extend Sprucewood Rd, answer no. Not as far as staff is concerned. Councilman Wise agreed that the vacation would create a lot of "glitches". MOTION: Commissioner Carignan moved to issue a statement of objection to the vacation of 4,200 sq ft of Sprucewood Rd in that there is no justification of the request in that a truck turnaround can be constructed in the area, seconded by Commissioner Smalley. Commissioner Smalley stated that he would like to see some detail on the engineer's comments. I would like to see additional data other than just saying that he (Lowry) needs it. Commissioner Bryson stated that he might be in favor of a vacation, however, I would be concerned that this ROW would be utilized for either loading operations within the mall or store or could develop into a traffic pattern. Councilman Wise asked if there was a retaining wall up now, answer yes. Commissioner Bryson stated that the only the way the City could be sure this would not be used as the unloading road for the whatever commercial complex is there is to deny the vacation. At this point, the City has the say as to what goes in until it is vacated. Commissioner Carignan stated to clarify his motion, that he felt that Mr. Lowry could put in his turnaround in right now without the vacation. Commissioner Smalley agreed with Commissioner Bryson that this is the only way to ensure that the area will not be used for commercial purposes. MOTION AMENDMENT: Commissioner Bryson, as an amendment to the findings of fact, I would request that the area proposed for vacation is not permitted as a commercial access point either for loading or public, seconded by Commissioner Carignan. Commissioner Bryson further clarified the amendment by stating that Mr. Lowry could provide access off Tern Ave. by platting some orderly access through the property without routing it past the 4-plexes. PLANNING A ZONING COMMISSION July 23, 1986 Page 5 VOTE AMENDMENT: Motion passed unanimously VOTE MAIN MOTION: Motion passed unanimously 7. NEW BUSINESS a. Lease Reviews Extension of Construction Deadline - Lot 4, Gusty S/D - Ron Yamamoto The memo from the City Attorney was read. Commissioner Carignan stated that the memo seemed to suggest that there is not a "hue and cry" for the land and he seems reasonably convinced that Mr. Yamamoto is trying to develop the property. Chairman Lewis asked if the original lease was 2 years ago? answer yes. Commissioner Carignan stated that he would be for approving it, but not for an additional 2 years. Chairman Lewis stated that it could be approved for 1 year, it would have to go before FAA for approval anyway. Councilman Wise answered no, the attorney is suggesting it does. Commissioner Smalley stated that the memo did not indicate that a 2 year extension would not be out of line either. Commissioner Carignan felt that with the nature of the economy, Mr. Yamamoto may need 2 years. MOTION: :. Commissioner Smalley moved for approval of the extension of the lease ... for 2 years for Mr. Yamamoto, seconded by Commissioner Carignan. VOTE: - ? Motion passed unanimously --_-:-:• - .:.°_- ,; 8. PLANNING - Commissioner Carignan asked for a progress report on the Comp Plan. Councilman Wise answered that the Council voted it down. Chairman - Lewis asked for the main objection. Councilman Wise answered that he '.- voted for it becasue it was better than what we had, however, there were statements by Mr. Morehouse that Council did not agree with. -; - --- ---_ Chairman Lewis asked where it stood at this point, Councilman Wise �. answered that it is in limbo. He stated that he felt the Borough would --: ---- ---- = .` . pull it out at the 39th hour and solve the problem. +' 9. REPORTS a. City Council The Council decided to combine the functions of the landscaping with site plan and old town. It is now up to Janet to rewrite the ordinance. LIN # � ... } PLANNING & ZONING COMMISSION r July 23, 1986 j Page 6 ;;- Councilman Wise gave a report on the progress of the land swap with _; the Fish 6 Wildlife for some tidelands, however, the figures were not compatible. Councilman Wise then gave a report on the progress of the float plane f with the main block right now being the purchase of the land necessary t to complete the glide path. The City may need to go to immediate condemnation. I feel that even though it is expensive, it would be good for the economy, it would create some jobs. It is a gamble, but worthwhile. This includes the docks in the river. We may be short on 17 -- .--. .. money, however, the dock is needed. _.. b. Borough Planning The Borough voted down the land use plan amendment on a 3 - 3 vote. If there is an appeal it will probably go to the Assembly. This is the first situation where the Borough Planning Commission has opposed the l - City since limited zoning powers were given to the City. Planning Specialist Loper asked for the reason for the vote, Commissioner Bryson answered that the same people that were here this evening were ,.. there. Commissioner Bryson informed the Borough Commission that the City Commission had held public hearings on Tern Ave. going through k and essentially there were no comments. The comments came after the u a action had taken place I believe. Based on the way the issue was ,;.. defeated the Assembly may request the issue come back to the City. � r. c. City Administration J . .A.__ • ,f ... .._ f,� The street naming ordinance at the Borough level is again before staff. The Borough is in the process of putting all streets in the Borough on computor, therefore they are asking that we be sure the streets are what we want. It has been suggested that there are I. duplications and confusion such as three names for Main St. The Commission will be getting involved with a few more public hearings on this issue. Concerning the portion of the zoning code referencing buffers between '_. adjacent land uses, the Commission and Councilman Wise suggesting j requesting Council refrain from approving that portion of the --,---------- ordinance before them at the next meeting while the Commission takes _ ;.... another look at it. :;. Commissioner Carignan moved to request Council refrain from approving the two items discussed prior to the next Council meeting, seconded by �1 Commissioner Smalley VOTES -: - Motion passed unanimously lA 9 . 71..1 :s .. .r Jr. it .. PLANNING & ZONING COMMISSION July 23, 1986 Page 7 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda No questions or comments 12. COMMISSION COMMENTS 6 QUESTIONS Commissioner Osborne asked if there was a report on the drilling rig near Commissioner Smalley on Ames Rd. Planning Specialist Loper answered that there was a memo in the last packet from the City Attorney but nothing has been learned since then. Commissioner Smalley asked who oversees their operation. Councilman Wise answered that our ordinance never really addressed that particular aspect. What we did with the ordinance pertaining to drilling muds is simply require that they be placed in steel containers, no open pits are permitted. Commissioner Smalley stated that his concern is that since he lives there and has to drink the water that comes from that aquafir, who is checking on them. Answer unknown. Commissioner Smalley asked if he could request the City check on their operation, Councilman Wise answered that he could pass it on to Council. Apparently they are drilling out the plug at the current time. Commissioner Smalley stated that he had made a request of the City Attorney on the status of the native allowment lands and requested a report. Planning Specialist Loper answered that there was a memo in the last packet and a copy will be sent on. Commissioner Smalley stated that, I feel that until it is proven to be an allotment status remains with the land even though it was sold by BIA, because right now it appears to be a clear-cut zoning violation and I think it behooves the City to clear it up. I will be asking to be on the Council agenda. Councilman Wise stated that the assumption the Council is working on is that yes it is allotment land, but how can you sell an allotment status to anybody even if you sell it to one "allotment" entitled person, the entitlement should not go with it. Commissioner Bryson stated that the information he had received was that it was only a verbal comment by a clerk, not necessarily a lawyer at that, that she thought it was allotment land, which appears weak. Councilman Wise stated that the Council received essentially the some f Ti from Ron 'ant evening one of Hal's neighbors came u anawer rom m as . f to the meeting and the question was raised again. I just don't believe that an allotment status can be Bold with the land. Commissioner � Bryson stated that effectively this is a violation of the zoning code, why hasn't the City submitted a written objection to it. Commissioner i 1 i I' S a it PLANNING 8 ZONING COMMISSION July 23, 1986 Page 8 Carignan stated that the burden of proof should be on them. Commissioner Smalley asked why in injunction had not been filed, answer unknown, however it is in the hands of the legal department. Commissioner Oleson requested information on RV's. Commissioner Oleson had received a phone call regarding a camper trailer on a private parcel in Thompson Park in which a man has been living for at least one year. There appears to be no sewage arrangements, therefore making the property rather arid. Commissioner Carignan asked if the trailer was adjacent to a home, answer yes. Under the current zoning, RV's are not addressed at all. The only time RV's are addressed at all is when an RV is hooked up to utilities and used as a mobile home or is used on a valid construction site. Commissioner Smalley asked if DEC was contacted, answer unknown. The Commission directed Planning Specialist Loper to draft a revision to the code which would address the problem. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 PM. Janet A. Loper Planning Specialist L L lip eN a! U _•tf . i 1 : :4 AGENDA T /�/ WASTE DISPOSAL COMMISSION MEETING 1 Is AUGUST 6, 1986 706 PM UPSTAIRS COFFEE ROOM 1. Convene/Roll Call 2. Acceptance of Minutes A. Meeting of June 4, 1986 �!r B. Meeting of July 2, 1986 3. Agenda - approval and/or changes 4. Public Comments (30 minutes maximum)- anyone wishing to sped publicly on waste disposal concerns and issues. 5. Public Hearing Item(s) - 6. Old Business (Public Comments 2 minutes per person each item A. Progress Report on R&M Evaluation of Proposed new Central Peninsula Landfill Sites (5/7)(Staff) B Diamond Alaska Beluga Coalfield Construction Debris Disposal Permit Application. (5/21 meeting) C. Discussion on Workshop on joint special waste oversite organization (KPBA RES. 86-66) - status report. (5/21 meeting and 7/15/86 work session) D. Cooper Landing Transfer Site (7/2/86 meeting) - administrative action pending budgetary review. 7. New Business (Public Comments are limited to 2 minutes) (these are not public hearing items) A. introduction of Item(s) by. Commission Members 1. Budget Cuts - discussion item (Arness). B. Introduction of Items) by Staff C. Introduction of items too late for packet e. Correspondence - approval and receipt 9. Set next meeting date and agenda 10. Commission comments 11. Adjourn L - - - -. .: -- ---- -*%,. �____-f - . -- L - -- . L L �= { a, i J i July 1986 L Humana REOMSM PAW PDOAP our~ SOUIrEM evieu.l mayor =co R. wasoner City of Kenai Rlesouree DMIOpment Council for Alaska, Inc. Box 100618, Andv*W.At ims 210 Fig6190 Kenai. AK 99611 RDC strategies for advancing economy gain endorsements Plan calls for �- - 4 immediate action f. The Resource Development Coundl's now report, NewSbategle WAdvendn9Naske's Economy: 1904990, "provides a well-con- ?ved framework for actions and policies to .avance our economy and provide jobs for Alaskans," according to Council president' Boyd Brownfield. ; Brownfield warned that Alaska can no longer ignore Its economy and the waste of human resources caused by high unempby ment. He said state adoption of the strategies would measurably reduce Alaska's histod- cally high unemployment rates. Brownfield noted that the RDC report is t targeted to enhancement of Alaska s re• source tndustdes, with the understanding drat t; growth of the slate's secondary or service In- dustries would naturally follow basic Industry the derekrpmenr of Afaekah! NOYM stops oD expansion. He pointed out that the reoom- nerds resulted In great ec>7ramkr M across mendadons for necessary actions outlined aro 8f8te rn MO texas and are fast ►tau of are throughout the document reflect realistic as- 'gobs New buUdkIn And►orW edebW Into thergs sky as the economy boomed, bur rode aessmerds of what could be accomplished conebu uon is inWing ON as og moss far between now and 1M. RDC'6 new repot. "Now 910WW for Ad- lnadditiontoifsmaindredbrh,eachkrdus-„adngAfaeka'•Eaonomy:'eeB-'M"de- try avow addresses ls8 M relating to land role sp@dfiv now needed to susW Araskab ownership and management, regulation, per, prosPe* and diversify the OWfkWW milling and environmental protection, Incen• fives and taxation, inh Mature financing, education and employment and science and technology. Among its many recommendations. Me re- - urged that the state support opening the `4Yicbc National Wildlife Refuge to oil and gas leasing, sgiomW and production. It also suggested that local, state and federal gov- emments commit to an effective regulatory lemunued on oeoe 7) -- Gubernatorial candidates respond to Council's Plan Oubematortal candidates Joe Hayes. Bob Rkcharde, Steve Cowper, Ar iss Sturgulewski and Walter Hkhkel have commended the Re- source Development Council for its newly re- leased strategy for strengthening Aleska'S economy. The believes the actions outlined in the report, New SbatMW for A"Wrog Ataskel9 Economy: 1986-1990,"8re the first steps toward building a strong, diversified economy. The 45-page document reveals stretegiee for advancing Alaska's oil and gas. minerals, wood products, agriculture, fisheries and tourism industries. Recommerh- dations for advancing Alaska international #We and industrial development and power development are also listed. Republimn candidate Bob Richards an- thuslasticsily endorsed the report as "tire finest economic development program ever devised for Alaska ' Richards said the strength of the report "lies in outlining specific action plena for each of Alaska's major Indus - ides." Joe Hayes said the Coundl'e recommen- dallone hold the key to burns .& develop- ment because they call for epedlk: actions in which government provldeS land. resouroeS, tax incentives, Infrastructure and a climate at- tractive to the promotion of resource develop- ment by the private sector. Hayes supported controversial reoommeTM cations such as opening the Arctic National Wildlife Refuge to oil explaatlon. He also snp' L (Continued on ppe 0 a , Message from our executive director by Paula P. Easley Wilderness Society's Tongass report "assailed" It was good to see the WI►demess Society get its comeuppance over the distorted, misleading informafion end photos contained In an April fundraising appeal sent to 160,000 of Its members nationwide. 2. Tongass timber is given very close and, I would say, blased scrutiny regarding every aspect It is put to tests and comparisons U.S. Senator Ted Stevens, Ma Anchorage Times, the Ketchikan Daily News, the Alaska Loggers Association and the Resource De• regarding demand, employment, costs in relation to benefds, and relationship to lower 48, British Columbia, Chile, etc. Tongass timber velopment Council have all outspokenly challenged the Soclety's in• fiammetorystatements about the "destruction"taking place in Alaska's is condemned as an unnecessary program on all counts. Yet no such tests or comparisons are applied to deer, bear, moose, salmon, sub• Tongass National Forest — periicularty those contained in its sup- posedly unbiased report "America's Vanishing Rain Forest." sWance use, WIdemess, tourism, or commercial fishing. The reader must accept that Congress In its great wisdom, knows these non- For some months now the Resource Development Council has timber resources are of utmost importance but the same Congress was uNedy Ignorant, or stupid, when It directed the Tongass to make been dismayed that members of Congress are receiving hand•deli• Wed copies of America's Vanishing Rain Forest from Wilderness specltic efforts and expenditures for a timber program. 3. The total effort is unbalanced. The Forest Service is Society devotees, but very little to counter the Inaccuracies a repre- sents. Why? quoted frequently and at length to support the Sodety's contention that the ndrew0 Enter the Andrew W. Mellon Foundation, generous contributor of timberprogrem, pastandpresent, Is aoosNyeffort tomaintainadying patient. YBt the same Forest Service is castigated, and not quoted, a purported $tthe Wilderness Society (it could have been more — the Society Isn't saying) to do a study on limber management g fornotlollowingdlrectiythe outside afteofsinglelntentstnoo-limber groups such as SEACC and ADF&Q. Most readers will recognize This In the Tongass, lack of obWv#y. R results from the Socierys acceptence of what it Wouldn't it be grand if the Alaska Loggers Association and the Resource Development Council had even a fraction of that money to was told without wNcient effort to sort out fact ftft opinion and speculation to reach sounder conclusions. Present a more balanced view of what's going on in the Tongess? Is the report unbiased? Ask Cad N a nationally John Gales, a forester and general manager of the Alaska Loggerh- Association, has written the Mellon Foundation about its grant to the respected oonsl,pin f� Wilderness Society, enclosing Newport's letter and a full.no ad th { who f had �R 4 t. opin i 1 - l aim reaOf 1 - Se i th I y :i tl ii is }r g onager who agreed to serve on the Society's review team Society placed at a cost of around $35,000 In the New York Times. n the report's draft was released. This is, in part, what Newport Headlined "Our Biggest National Forest is Getting Beaten to a to say in a March 14 letter to Steve Richardson of the Wilderness Pulp," the ad concludes with a request that Americans contact their Society. (See June Resource Review Tongass article.) congressman now... "Or, if you want to do even more than that, Bader$ should be aware of these points as the debate continues contact us. We've been taking a beating long enough. Now it's time e Tongass management issue: to fight back." The Executive Summary Is strongly worded, mixes facts with Good for John. He's asked that Mr. Newport's letter and the ad be kurs and untnrtirs, and generally advocates a Wilderness Society circulated to the foundation's trustees. Title which existed before any study results from this project. R The regional director of the Wilderness Society in Alaska, in a nT sound like a summary of a sound objective study. R seems response to the Anchorage Times editorial, retortW... the Wilderness ed at sAWng up the constifuerrcy. R contributes fiNe or nothing to Society stands ready to defend its position on the Tongass with the NO who may seek a balanced vehvpoint and thereby resolution hard fads and figures found in Its as yet unasserted report, America's what are some Inappropriate polkfes and programs of the Forest Vanishing Rein Forest." mice In the name of ANILCA. I Mink we can now consider it "assailed." mene Council,ln1a The Resource Development Council (RDC) is Alasks's tarpest Privately horded nonprofit economic Ate atWRIN e11 ros n any de�rhr todevelop emanner anted to agate a 1)(0111R bed, dnrestifed economy white orotee0ng end ebherrcing the environment. laud" Committee 0111cors P►eeldent ................... Boyd eroYmfleld Vice Prewerrl ............... John Foroesrle Vice President ................. Joseph Henri Vice Real..................4. teary ............... O.K. "Easy' Gi1"WM Treasurer ................... Larry Laaghman Past Presiddent ............... Chanes Webber RDC Was memeere and the general pubic to ae weatdy brealeaat meet/ featun tocat end nettorr ng n9 Execum Director ... �. , ... Paula P. Eaft �b Director ................ eecMy L, bey Public Relations Director ......... Cart Portman sty brown /Pxakea on 00101. a and resource do. vetopnard tutees. The meetings are held on Thurs• Reseamh Caordinafor .. , ... , ftlecte Coordinator . , . terry Hayden day at 7�0 a.m. In ire Nomrom Lkghts hm, Reserve- ............. 8te11 Atteletent .................. Mike Abbott Kate Abbott UM are repuested by callurg 27"700. Membership Relations Olrector . , ... Lynn asbnsl go 2 / RESOURCE REVIEW / July 1998 L The RDC business is totaled at 807 G 6Mt. Sufis 200. Anchor V. Resource Review is the official mcntfdy Publication of the Resource Dewiopmerd Ceunce, an 1005t8, Anchorage, AMMa W10 — (907) 27"7a Material in the publication may be rep it wehout Permission Provided appropriate credit is given. Cad Portman Editor a Adver nit Manager Reno" Rwtew encourages did readers to submit ofthm announcements end lefts to the editor for Publication, send all cdrmwdence to Resource Development Courrdt, Resouroo Row. w, am 100516, Amhorage, Alaska 08810. lip L_ 0 u 3 t: t+ { kky .e 1, Thoughts fror the president ,.� � Ba„"t BrownNe�d Arctic National Wildlife Refuge Prudhoe • r env �{nX\ ;oar a t.{•Kallh�towM N Is certalny no secret that our economy Isn't what It was this time lest year. While we P + ! �•� rw� knewatihattimethepdceofoilwasdropping, its rapid collapse at the beginning of this year dearly set the scene for what Is now a discs- terous situation. Isn't that right? "All #air Y1 0 s Well, the gloom and doom certainly oc- / Arctic D a • ° cupfes a lion's share of the commentaries in the newspapers across the state. What Is so disconcerting, however, is that ; OldCr this notion tecxfs to cultivate more negativism, a r whkbtendstocuitivateevenmorenegativism 4 — and all of a sudden things do become Im• �; t 4 a '" possible. Certainly the situation is not 88 We would ce. s wi�ClSC E�IICHwlNe�'• N.... Venslf o,M" •• like ft. In fact, business Is darned fight scarce. ... Aaeric NAnoNA►waoure nANot oo,`° However, dwelling on the obvious downbeat MMI eowroAm will not lead us through the hard times. It is SIMLAN06EUC+lON o. p ••' Fort Yukon chelhri of , a 'p important that the sights of Alaskans focus uhthemoreimportantmatterorstrengthening .•' "" so o so too +so the economy so ft we don't continue to be meet slaves to a one•everd economy — the Oil Patch. on'tcan got me wrongsways e,ftjustshooil Is big Hess In Alaska and ft will always be, it Just shouldn't ANWR may hold the y be the only act in town, or else its decline could bring our great state to its knees. Oneneedaonlandsand to focus a Alaska's lends key Alaska's non atu and natured resources Hess of resour esto to realize that the mear+s to achieve greatness di and has always been here in th brot of diversification. What appears t0 be lacking Is future prosperity the W"willof the people to make ft happen; ft apparent near-sightedness of decisions Sixty-five miles east of Prudhoe Bay Iles a wind-swept and nearly featureless arctic plain. regarding the destiny of our resources. The The land appears identical to that which surrounds the Prudhoe Say oil fields. Like Prudhoe state must somehow learn that Alaska's long- range problems cannot be solved by short Bay, ft is home to large numbers of caribou and other arctic wildlife and binds. Beneath this coastal plain are geologic structures which hint of immense oil and gas ranged, polific allyexpedient solutions. Our deposits, perhaps greater in size than those of America's largest oil fields to the west. From leadership must look over the horizon for sot• an Aleakan atendpolnt, all exploration of this region should proceed in a timely fashion since utions not just "down the street," for that's what Iles below the surface could hold the key to a prosperous Alaska economy in the opening how greatness is achieved. Otherwise, well find ourselves in a never ending closed loop, decades of the 21st century. However, opening the 1.5 million acres of coastal plain to oil and gas exploration, devetop• reinventing the wheal. ment and production promises to be the most controversial Issue to confront Alaska since let's find ways to fill that "hell -full" glass the great debates of the 1970s over the Alaska lands Act. it doesn't matter that the potentially of water rather than watch the remainder of oil• 0 plain Is only a short hop from Prudhoe Say, requiring no extensive transportation the "halhempy, glass evaporate before our system for development of any fields discovered in the area. What does matter is that the very eyes, coastal plain falls within the 18 million -acre Andic National Wildlife Refuge (ANWR). Your Resource Development Council has Environmentalists claim that the wilderness values of ANWR's coastal plain outweigh that despite energy security needs. They have n a commanding lead in this respect of any oil and gas that may be present. national matched my none. Obtain, read, study and launched an all-out effort to forever remove the ANWR reserves from exploration of develnp• ACTIVELY ENDORSE our "Strategies For ment. Affe Advancing Alaska's Economy: 1988.1M." The awesome oil potential of the ANWR structures has been known for decades. r Thefutureofourgreatetatedependsuponll, (Continued on pegs 7) July 1986 / RESOURCE REVIEW / Page 3 L ra1 0 Alaska loggers proud of their record A Combination of factors, not the least of which was the withdrawal of prime timber land Into wilderness designations, have worked to. gather to create hard times for the Alaska Umber industry during the six years since pas• sage of the Alaska National Interest Lands Conservation Act. "Over 50 percent of my friends and neighbors have fosttheir jobs and had to leave the timber Industry lifestyle of Southeast Alaska," said Pat Rowland, president of Alaska Women In Timber. "Any tampering with the finery -tuned Alaska lands Act would only further hurt the Alaska timber Industry and the approximately 1,500 families that di- rectly depend on Umber jobs.,' Loggers throughout Alaska are on guard this summer as powerful environmental groups backed by large national Interests launch biter attacks on the 1980 congres- sional compromise to manage the Tongass National Forest that protected forest -related Jobs and the Southeast Alaska economy. The agreed -upon compromise between environ- mentalists and development Interests set aside 5.4 million acres of wilderness in the Tongass white allowing togging to proceed on a dedicated commercial Umber base of 2 mill- ion acme. The agreement also established an annual timber harvest level. Led by the Wideman Society, environ- mentalists are trying to eliminate the key ele- ments of the agreement, claiming loggers are leveling the forest and that the U.S. Forest Service Is losing money on managing Umber sales. "We know our woods and what the land can produce," said Palen Held of the Alaska Loggers Association. "We are proud of the job we have done with a truly renewable re- source," Held said. "Only 10 percent of the Tongass Is programmed to be harvested, and that Is on a 100-year rotation," she added. "Our jobs depend on that small percentage." Rowland of Alaska Women in Timber now that nowhere In the many laws passed by Congressi gang management direction for the National Forest System is the Forest Ser- vice mandated to make a profit. "We know that Umber can be profitable venture in Alaska as proven by the private landholders who export round togs," Rowland said. Logging costs tend to be high on the Ton - gala because stands are being harvested for the first time. Roads must be built to access (Continued on page 7) Page 4 / RESOURCE REVIEW / July 1f L People of the forest Loge from the ley Bay epe►- abon west of Yakutat are exported to Japan %*ae pulp logs are sent to mills In Southeast Alaska. Some 35 men work at Icy Bay. where over 190 million board feet of timber has been harvested. Anchor- 8ge-bssed South -Central limber Development, Ina, has been cuffing mature Umber in the area for 16 years. Pioneering spirit survives in Alaska logging camps Hidden away behind the trees and mountains of Alaska's coastal forests are logging camps where several hundred men and their families live in a style quite foreign to most city dwellers. A typical logging camp Is on an Island, or floating on rafts near the shore. Transpor- tation to the outside world is by alrplane and boat, not cars and highways. Vital communi- cation can be next to impossible at times since there are no telephones. Only unreliable radio and mall provide the link with distant communities. For the past 16 years, well -seasoned loggers have been harvesting mature Umber in the dense and rainy coastal forest of Icy Say, west of Yakutat. Some 35 men occupy the small wilderness outpost In the middle of a huge forest stretching beyond what the eye can see. Rain or shine, they rise before 5 a.m. each day to carefully harvest a small fraction of the forest until the early evening sun begins to fall. From 1969 through 1084 over 190 million board feet of Stika spruce and hemlock logs have been harvested at Icy Say. Nearly all sew log production has been exported to Japan while pulp logs have been sentto mills in Southeast Alaska, All of the production at Icy Bay, except for 1984, has been by Anchorag"ased South -Central Timber Development, Inc. Logging In this wet coastal forest is most difficult in any type of weather; yet those who work in the forest love this healthy Iifestyle and indeed want to see it preserved. More than anyone else, the logger wants to preserve what makes the land special — the wildlffe, fish, forest and the jobs that allow for the survival of the pioneering spirit within him. In the logging camps of Southeast Alaska, grocery shopping requires the listing of each Item's size, brand and amount of all food supplies needed between freight stops. The pilot on the next plane forwards the list to the store and the food arrives boxed on the next boat trip — provided that all the connections were made in time. A trip to the doctor is preceded by a radio call to make an appointment, another tall to order the transport plane and a prayer that the weather will cooperate and the plane will fly. "The Alaska logger and his familyare uniquely Isolated and resourceful, "said Kften Heil of the Alaska Loggers Association. "Hood Imes or bad, the loggers count on each other to help when needed," Our forest Industry In Alaska has been bolt over the past 30 years on solid ground of good management of the land and its resources," Held said. "We have harvested areas of overmature and rotting timber and seen the spontaneous regeneration of heathy young trees come back at twice the volume of the old -growth stands " The Alaska logger knows the woods and what the land can produce. RDC Is continuing is efforts In conjunction with Alaska's Ember industry to urge decisionmakere to remember the people of the forest. Certainly they have a rlghtal place in the land management plans for Alaska. 46 L:. L OV1. �a�• j i - 1•. i � Regulatory problems fatter industry; miners t; struggleto get relief Placer miners on verge of extinction �n Alaska Miners Association president Rose Rybachek says Alaska's placer mining Indus- would have provided some relief to placer miners, but Governor Bill Sheffield vetoed try has virtually been destroyed over the past four years by restrictive regulations and H8628, a water quality bill which would not have required miners to discharge water threats of enforcement. Rybachek noted that only one-fourth as cleaner than they received. The Association has also expressed deep many miners are in the field in 1986 as there were in 1984. In addition, a report issued by concern with the state administration's refusal to intervene on behalf of Alaska's mining In - the slate's Division of Geological and GeophysicalSunreyshasreveWedadrematic dustry In the Sierra Club lawsuit against the Bureau of Land Management. It suorreasfu1. drop in Alaska exploration expenditures. Ac- cording to Ross Schaff, former Director of car sampling, Kenai Peninsula the suit will stop all mining on federal BLM (Photo by J.M. Kudak, U.B. away of Mh►ee) land for several years, dealing a devastating DGGS, mining firms have cut exploration ex- penditures in Alaska from $75 million in 1981 blow to the Industry and its supporting ser- us economic divereilicatlon," the ads state. vices, which employ thousands of Alaskans. "But because of a depressed metals market to less than $10 million to year. The OGGS report said unresolved regula- The Fairbanks Chamber of Commerce ag• and constant regulatory harassment, mining rees with the Alaska Miners Association that revenues have dropped to marginal levels." tory problems were the culprit behind the se- vere"opressed placer industry. private interest groups and unreasonable The Chamber warned that the mining in- government regulatory restrictions have dustry appears on the verge of extinction, just The Alaska Miners Association believes a iI passed by the Legislature this spring brought the mining Industry to a near when Alaska needs it the most standstill. The Resource Development Council, the In recent full -page ads, the Chamber said Alaska mining organizations and the Fair• that with each new restriction, Alaskans feel banks Chamber of Commerce are urging Senator calls the pinch of decreased state revenues. Alaskanstoworktogethertoaeatec ondidons "Since the discovery of coal and other min- which will stimulate the mining industry before for leveraging eral deposits, the mining Industry has offered Alaska Is completely "undermined." of resources Timber official urges U.S,resources "d�°� gahtirrg leverage to improve time U.S. trade Alaska wood Eggqre1!vP#ades sale deficit with Japan, Setwor Frank Mum- ktIMrBW eakl In a staternent on the Senate Alaskans are "slow 0 not frozen solid as to efforts with the Japanese regarding wood chips," seyeJoe Henri, Presidentof South -Central Timber Development, Inc. 110ot Markowsid IlOted three of In a letter to Senator Frank Murkowskl, Henri requested that the Republican senator lead an effort toward a longterm wood chips sale. "Achieving a contract along the lines of rm Alaska bargaining� allow U.S. access to Japanese m — con- Siberia-Japan agreement would give Alaska's Umber industry a tremendous economic boost as well as a place to unload wood fiber which is now going to waste," Henri said. om t trotilrrgAlaskaflsheryatiotxdionstoJapan' exporting Alaska oil to Japan and trans- Signed this spring, the $500 million Siberia -Japan agreement calls for the Japanese to �A 9 supply machinery and credit to the Soviets, which In turn will provide wood chips and lumber porting Japanese autos to the U.S. on American ehipe using U.S. crews. for pulp and other industrial uses in Japan. Timber industry officials warned that the agreement poses serious impacts for Alaska The serrates said the U.S. has been „�1v1rmg res urces My to Japan far rwthIng. yet byIInk• Industry and its prospects for future development. The Resource Development Council has pointed out that the wood chip potential on the from the aftdo>�roourr> ing aitocaUona for our Alaska fisheries to ratlbeit and in coastal Alaska matches or exceeds that which is readily accessible Soviets. In a news release this spring, the Council said it is apparent the Russians gave the medial access In Japan. we would open up to awkets to U.S. goods and ser- Japanese concessions that Alaska was unable to offer. ri said "there never was a contest — there never was any formalized vying vloe8 IndWareaofAleskeo%MurkowsWeeid for this great market through any coordinated Alaska effort, either governmental or private Japan d&&EadAWNnatkms"nave a Iongi4emn, stable supply of oll." "exercise enterprise related." Henri explained that a 1f1•year wood products agreement between Japan and Russia expired in 1982. He said there was a four-year interval during which Alaska could have tried He sa id the U.S. must power through ld the consume M wail ee what » to make a deal with the Japan Chip Company, a joint venture of 19 paper companies which will buy 21 million cubic feet of wood chips annually, climbing to 35 million in the 10th and final year of the contract. July 1988 /RESOURCE REVIEW !Page 5 L.. IN 7 I f i - -- A i . r Portrait � i Shelby Stastny "Development, ecology and quality of life are compatible" For more than eight years, Shelby Stastny has given his time "If we don't get the message of compatibility out to young people and talents to the Resource Development Council because he be- and the public In general, the battle is lost," Shelby said. Neves Alaskans working together can Improve the quality of Ilte in Shelby is a senior tax partner In the Anchorage accounting firm the 491h state bough sound resource deveopment. of Arthur Young & Company. He is in charge of tax services for Shelby was elected vice president of the Council earlier this spring major clients and has the overall responsibility for all clients in An - at Its Annual Meeting. For two years he had served as treasurer of chorage. ROC. If RDC is to win the battles it faces on diversifying Alaska's The ROC vice president has over 20 years of professional experi- economy, Shelby sop the Council must educate and convince Alas- once tax planning and compliance in numerous anus, including kans that "development, ecology and quality of life are compatible." Corporation, Individual, partnership, non-profit corporation and real Shelby stressed that RDC deserves the support of the business estate taxation financial matters. community, especially now when Alaska Is In the grip of an economic He has served as president of Common Sense for Alaska and slowdown. the Alaska Society of CPAs. Gubernatorial Candidates endorse plan (Continued from page 1) ported the Council's recommendations on the resource industries to do business." endorse the strategies through official actions permit and regulatory reform and ttaxation Among the recommendations Senator Sturgutewski supported were stable lease and to coordinate the srategies with their economic development planning. policy. Hayes supported IiRing restrictions on the sale of North Slope crude, the formation terms, biddingmethods and stipulations which encourage early oil and gas develop - In preparing the Strategies, fogies, the RDC held filly of ofalong-termenergyplanandreclassification of streams used in mining. Mont on state lands and Creative financing for some meetings of industry and govew Mont representatives over the past year to Democrat Steve Cowper labeled the RDC infrastructure to strengthen existing Industries and to attract new ones." Identify constraints to expanding Alaska's report as a wealth of ideas. " good " Cowper agreed with the Council in that Intemationel She supported the adoption of slte•specific. economy and actions that would remove those constraints, trade Is vital to Alaska's future economicStreams ilmlt limits are naturally turbid or where , 'Th e final product is the result of substan- growth. He supported actions calling for sta• ble government regulations and an economic downstream uses, If any, would not be un- reasonably Impacted. pac th "abate and Compromise," according to the Councils executive director, Paula Eas- environment conducive to the formation of small businesses. After examining the report, Walter Make! ley. 'These newstrategiesprovide8welkw calved framework for actions and policies to SenatorAdies Sturgulewski sold RDC's re- said the Council has'Yocused on some of the advance our economy at a time when we're Commendations represent "the kind of in- novathre and aggressive approach to re- Most serious economic challenges facing Alaska." Hickel said the Council's report "pro- seeing an economic slowdown across the state, The people we glad this fall will be source development Alaska needs if we are vldes a balanced approach to many of the immensely Influential in deciding these is - to diverel y our economy and promote stable economic growth." tough economic diversification questions" facing Alaska. sues, and they'll need enthusiastic support "A common thread running throughout the Other gubernatorial candidates are review- from Alaskans." Candidate Dick Randolph announced at RDC recommendations is the need to simplify and streamline permitting procedures for all ing the strategies and have been asked by RDC to support them , press time that he also endorses the RDC plan. resource development," Sturgulswski said. "If wearetorealizethefullpotentialofour natural as reasonable guidelines to Improve the competitiveness and produCtIft of the industries addressed. Copies of the report may be obtained for 35 each at the Council's office in Anchorage resource wealth, we must make It easier for Alaska communities have also been asked to at 807 0 Street, Suite 200. Page 6 / RESOURCE REVIEW / July 1988 L L S L - 5 F 11ANWR ago Humana expands to (Continued from page3) meet Alaska's needs lengthy study, well known international geologists with experience in the Middle East oil fields predicted in 1968 that the Marsh Creek Anticline and associated structures of the coastal plain could hold discoveries that would rival the size of the great oil pools in Saudis Arabia. Against the vehement objections of Alaska's senators Bob Bartlett and Ernest Gruening, Secretary of the Interior McKay es- tablished ANWR at 8.9 million acres. The Alaska National Interest Lands Conservation Act (ANILCA) doubled the size of the refuge In 1980 and required a report on the oil and gas potential of the coastal plain. The report `s was mandated by Congress so that an in- formed decision could be made on whether } to open the area to oil and gas exploration, development and production. f Under the direction of the U.S. Fish and Wildlife Service, a report Is now being pre- pared evaluating the oil, gas and wildlife po- tentials. Its release is expected this fall; how- ever, its findings could prove meaningless d new legislation supported by the powerful en- vironmental lobby passes Congress. The bill, introduced by Congressman Mor- ris Udall, would add the 1.5 million acre coas- t tat plain of ANWR into the National Wilder- ness Preservation System. Passage of the bill would spell the demise of any future oil and gas exploration in the region. The coastal plain, which covers only eight percent of the refuge, is where the majority of the oil and gas Is expected to be found. Environmentalists have argued that by opening the coastal plain to exploration and development, critical caribou habitat will be lost. Yet studies have shown that ten years of extensive oil and gas development on the North Slope is compatible with a healthy Arctic 1 environment. These studies show that any Impact upon the environment by properly run exploration and production activities is of a minimal nature. + While state and Industry biologists con- Unue to disagree over the exact impact on the Central Arctic caribou herd, the animals have __ been Increasing In the existing North Slope oil fields at a healthy rate and now number about 18,000. Additionally, more than 60 wildlife units across America support oil and gas activity, Including the Kenai National Wildlife Refuge Southoentral Alaska, the National Audubon ,l1 �_ ociety's Wildlife Sanctuary in southern j Louisiana and the Arkansas National Wfldltfe Refuge on the coast of Texas, where whoop- ing cranes nest. 9 oil is discovered in ANWR, only a small portion of the coastal plain would be impacted. Demonstrating Its commitment to Alaska and its people, Humana Hospital -Alaska will dedicate its new $23.5 million five - story tower and expanded facilities July 25 In ceremonies marked by the appearance of Olympic gold medalist Mary Lou Refton, announced Mary Willis, executive director of the Anchorage hos- pital. "Our new facilities respond to the needs of Alaskans today, and far into the future," Willis says. "We offer the highest level of care in a variety of specialities, keeping the patient's individual needs as our top priority." Joining Willis in the ribbon cutting ceremonies scheduled for 4 p.m. on July 25 will be gymnast Mary Lou Retton, winner of the All Around Gold Medal in the 1984 Olympics. Business lead- ers and elected officials from across Alaska will be on hand to MMY waft join Humana in dedicating its new patient tower and expanded health care facilities. The expansion project, started in March 1984, brings the hospital's total number of acute care beds to 292. "The official dedication of these expanded facilities and our new five -story patient tower, along with the renovation of the adjacent Humana Medical Plaza, highlights the $120 million Investment Humana has In Alaska," Willis says. Humana Hospital -Alaska employs more than 700 Alaskans, with annual gross revenues of $61.3 million. The dedication ceremony on July 25 will be preceded by two days of community activities, Including an open house featuring appearances by Mary Lou Retton, a display of the Jarvick 7 artificial heart, and a variety of educational activities and displays. For further information, contact Lyn Whitley at 276.1131. Strategies ... (Continued from page 1) reform program that eliminates duplication try by 1990, adding over one billion dollars and multiple handling of permits. annually to the state's economy. The report The report recommended that there be no said less than 50 percent of the state's yearly new all taxes and that the state evaluate land sustainable yield of Umber harvest would be use plans and exert its influence in a strong required to reach that goat. manner on federal land management plans to assure multiple use and prevent un- explored lands being placed in wilderness ... classification. (Continued from page 4) The issue of making more land available the Umber, and the full cost of these roads is for various types of oil, mining, timber and charged against first Umber sales. other commercial development In an environ- mentally -sound manner lathe common thread Once the roads are in place they can be that runs throughout the report. used for future management of the Umber as well as later timber harvests Many timber About 60 percent of all federal land In roads have become part of the state highway Alaska is withdrawn from mineral entry, the system and have become essential aspects report cited. In lands of high mineral potential of community development, recreation and that remain open, great difficulty is enooun- tourism. tared in developing mineral resources be- cause of the land planning process and stat- Rowland stressed that her husband, his utory and regulatory requirements. The Coun- co-workers and other employees of the cll said similar lands closures and regulatory Alaska forest products industry from South - difficulties have greatly supressed attempts east to Interior Alaska are conservationists in to tap Alaska's timber, oil and gas and agricul- the true sense of the word. lure potential. "They harvest the mature crop of trees so By Implementing Its Umber recommenda- healthy young trees can regenerate and por- tions, the Council said Alaska could more than petuate forever the many uses of the forest," double the output of lts wood products Indus- Rowland said. July 1986 / RESOURCE REVIEW / Page 7 1 —J r_A. I 1 .. Resource Develop ment -_-r"'700 _-2.•' 1117' but, bib 21Q bAfte, AWN 0511.2111 for Alaska, Inc. la 111516, k4op, Alub 1111H511-111121"1" EKE ME DIRECTOR Paul& P. Easley S �t it 71 -4 ;_ ... 74 r _�1 i Karen J. Hofstad Phil R. Hoktsworth Chadee H. Johnson JoM T. Kelsey Ethel n John sense DaroU F. Smith R. D. Stock Douo M. Webs Charles R. Webber L July 23, 1986 Mayor Thomas Wagoner City of Kenai 210 Fidalgo Kenai, AK 99611 j�(, Dear or Wagoners/0" Thank you and the Council for renewing Kenai's membership in the Resource Development Council at the special 1986- 1990 support level. The extra financial support you've given to the economic strategies we've all worked so hard to develop is already being put to good use. The M Strategies will help educate people about Alaska's economy, its future and the changes needed to promote sustainable growth. Statewide advocacy is growing and we are gaining endorsements and beginning the process of drafting companion legislation. Becky Gay, RDC's Deputy Director, and I are scheduling travel to as many new communities as possible to further discuss these strategies. We are also contacting representatives from a broad range of businesses and statewide candidates in order to raise a united voice in Alaska --one that is for positive action. Please let us know how we can work with you to further involve your community in discussion and implementation of these practical steps for advancing economic development. We appreciate your commitment and urge you to share your enthusiasm for positive action with others! Thanks for your support, RESO D DEVELOPM COUNCIL 7£or 1 aka, Inc Paula P. Easley Executive Director 1 1 i F_: - -.... . • nResource Development i ,� . • for Alaska, Inc. 101 "r• im S:Ib 200. Wifmn, Aisle ii601.8110 In 100015, ARMHO. AMU 115104516 - 0011270MI U�iEyCU11V8 DIRECTOR P. Ea'" DIRECTORS Ea0 Fi. mains Ric K eenmo Rex L Whop Robed 098120 KeOy MACam bell leJ. xE W J. UN Dinneen .amen V. Draw _ 1 July 231 1986 TO: Members of the International Trade and M Industrial Development Division A meeting of our division is scheduled: ,Ts for: Wednesday, July 30, 1986 time: 7:00 - 8:00 a.m. at: RDC conference room (free street parking) 807 G St. Suite 200 GUEST SPEAKER: Representative Terry Martin TOPIC: In conjunction with Representative Terry Martin, we will be preparing draft legislation and refining SB 633 "Export Development Authority," in response to our July 16 presentation by Representative Martin on Free Enterprise Zones, Free Trade Zones and the Export ie July 16 presentation, please bring Dvided to you by Representative Martin.) seeing you there. ttend our Thursday breakfast forum, a.m. at the Northern Lights Inn. This er is Peter McDowell, Managing Partner nd, Juneau. Mr. McDowell will be of Alaska products to the Pacific Rim capital from Asian countries. -- - ja 1. . }; (E 1 ,=NFO's p � Neanrs: US.Deportment Ouico of Public Affairs of Transportation Alaskan Region Federal Aviation to A t o ac3e.Stro, Alaska Anchorage. Aluska 39513 Administration (son 271.5296 7/29/86 KENAI AFSS The Kenai AFSS will be one of 61 such FAA air traffic facilities in the Unites States including 3 in Alaska. The other Alaskan AFSS locations are Fairbanks and Juneau. Kenai is the first of the 3 Alaskan AFSSs to commence construction. The Kenai AFSS will ultimately be a consolidation of the 12 existing FSS's which currently provide service to the Central Alaska area extending from Glenallen on the east to Shemya on the west, and McGrath on the north to Kodiak on the south. The facility will provide the traditional FSS services, i.e. flight plan handling, pilot briefing, enroute air/ground radio communications, emergency assistance, etc. Modern computer technology (automation) will be incorporated to make aeronautical data more readily accessible to pilots and reduce labor intensive workload in the FSS so that FSS employees can be more productive. The intent is to provide more services to more pilots at less cost to the american taxpayer. The FAA's program to establish 61 AFSSs nationwide is based on research and development for FSS automation since 1971 including several years of operating 3 prototype automated FSSs at Atlanta, Leesburg, and Indianapolis. The FAA will lease the building from the City of Kenai and anticipates beneficial occupancy in the fall of 1987. FAA will then require several months to install operational and administrative equipment. Initial FSS operations in the building are currently projected to commence about mid-1988 when the existing Kenai FSS will move from it's present location atop the terminal building into the new AFSS building. The consolidation of the other 11 existing FSS's into the new Kenai AFSS will be a follow-on, evolutionary, and phased transition that will require several years to complete. Upon attaining full consolidation, FAA expects about 80 employees to be assigned to the Kenai AFSS. Attached are several additional informational papers concerning the FAA's program to modernize the FSS system through automation and consolidation. L - - t ' ! fir• { It ' (l li • information U&Office at Pubke Altars � C+Tai%xv%rion Alaskan Region 14 Al 701 C Street, Box 14 hdll�Ol A1f�0:lON Anchorage. Alaska 99513 NEW. (907) 271.5296 3/84 FAA FLIGHT SERVICE STATION ?: MODERNIZATION PROGRAM The following information is provided as an aid to understanding the FAA Automated Flight Service Station (AFSS) program. Additional information can be obtained by contacting the above office. * Neither the concept, nor practice, of providing PBS services to outlying communities from a distant PSS is new or untried. We have been doing it for years. Communities such as Galena, Fort Yukon, Kodiak, Unalskleat, Aniak, Nenena, Moses Point, Minehnmina, Summit and Cape Yakatage. are all locations in Alaska where FAA formerly operated an FSS. All these FSSs were closed in the 19609 or early 1970s and these airports/communities have now been served for years from a distant FSS. Dillingham, Iliamna, Talkeetna, Palmer, Gulkana, Big Delta, Tanana, Yakutat, and Homer are all locations where the existing FSS operates only part-time. During the hours these FSSs are not operational all communications and navigational aids at these sites are remotely controlled, and services are provided by a distant FSS. * Calling an FSS on the telephone or radio for a weather briefing or to file a flight plan is a common practice in today's system. FAA records Indicate that approximately 95X of all pilot briefs are provided by j telephone or radio rather than personal visit$ to an FSS. At the Anchorage PSS, the largest and busiest FSS in Alaska where they handled over 131,000 pilot briefs the past 12 months, approximately 912 of these briefs were provided via telephone or radio. Many of these briefs were ''for flights departing Merrill Field where the Anchorage FSS is accessible and has an aircraft parking apron directly in front of the PSS building. When, a pilot speaks to an 788 specialist via radio or telephone, so long as the FSS specialist has the appropriate and necessary data at hand to serve the pilot, it makes little difference where the FSS is located. -- -- - - --- +► The PM presently operates 27 PSSs in Alaska, whereas there are currently over 700 airports in the state. This means that over 962 of the airports, and the adjacent communities, currently receive information 1 from an PSS that is not located on the airport. PSS services to these communities (many of whom are dependent on air transportation) are provided by remotely controlled radio communications outlets and/or toll free telephone. L E. A *i..._— --f - - .. — a_._.._ . - . i 1_ f ,:.... t r. R A parallel can be drawn between the proposed AFSS system and the Air Route Traffic Control Center (ARTCC). There is only one ARTCC in Alaska and this facility provides flight advisory -services and air traffic ..control to IFR and vFR aircraft throughout the entire state. The use of remotely controlled communications outlets makes this possible. The AFSS will have this same kind of capability throughout it's area of responsibility. The pilot will receive flight assistance services comparable to the way he receives them today. As is done in the ARTCC, the AFSS area of responsibility will be sectorized and the AFSS employees, like their ARTCC controller counterparts, will specialize in certain sectors of the state. Specialists assigned to an AFSS will be thoroughly knowledgeable in the geographical and meteorological features associated with a specific flight plan area of responsibility. * The current FSS system is not efficient, nor cost effective, because our employees are too dispersed. For example, the Anchorage FSS handles nearly 500,000 FSS operations annually, whereas the Farewell FSS handles about 2,700* The employees of the Anchorage FSS handle a continuously high workload, vhereas the.specialist at Farewell has little to do. pilots in the Anchorage area are frequently unable to get service because the lines are busy or they get tired of waiting and yet an FSS specialist is' sitting in Farewell with nothing to do. The FSS consolidation will put the Farewell specialist where the action is. This illustrates how consolidation cari,_make our current workforce more productive and allow us to meet the current and *future demands for service without increasing the workforce and escalating taxpayer costs For air traffic services. In 1976 Congress specifically approved the closure of Richmond and Charlottesville, Va. FSSs so they could be consolidated with the Leesburg, Va. FSS as an experiment to demonstrate the advantages and benefits of consolidation. This demonstration has been a success in achieving increased productivity,'better use of staff, a decrease in overhead costs, and safety and service at Richmond and Charlottesville was not derogated. * FSS operations.(demands from pilots for services) have been increasing oger the years to the point that the present system is unable to meet current demands for service. For example, in Alaska we recorded 574,000 FSS operations in 1966 and over 2.3 million in 1983. We anticipate continued increases so as to exceed 4.0 million in the 19909. We would have to increase the workforce throughout Alaska at least 40 percent and expand our facilities to handle this projected workload if we maintain the current FSS system. +► In many of our current FSS locations, each FSS employee and family must be provided government furnished family housing, and other associated support services (Lose water, sewer, power, commissary in some locations etc*) in order for the PBS to be staffed and operated. This makes the cost of operating the FSS system in Alaska almost twice as high as elsewhere in the country. Automation and consolidation will reduce these costs to the taxpayers without reducing services. - AL IN L . _1 k -i - - . -..;b ,r - 1 E • Another parallel can be drawn between the AFSS and the ROCC (Regional Operations Control Center) recently commissioned by the U.S.A.F. at Elmendorf Air Force.Base. Military,defense radars at Newenham, Romanzof, '„Spartrevohn,`Tin City, Kotzdbue,, Lisburne, Wainwright, and other locations are now operited'remoie'ly from the ROCC and Air Force operating personnel `are. no longer stationed at these sites. • -The automation equipment to'be'utilized at the Alaskan AFSSs will be the national Flight Service Automation System (FSAS) that is currently under production at the E-Systems plant in Garland, Texas. A $78.3 million production contract was awarded to E-Systema in Sept. 1981. The FSAS ! > will provide rapid processing, retrieval and display of flight data, q _ flight plans, hazardous weather alerts, route oriented and area weather briefings, trend.information, radar and weather graphics, automated search and rescue and law enforcement operations, and computerized direction finding assistance. .A major feature of the system is direct �'•fieer' access thr6u1tN`0"ers6nal 6 business computer terminals. This ' feature will make information,move.readiiy,avallabie and accessible to the pilot and is expected to siotficaatly reduce the need to call an FSS specialist for routine assistance - the pilot can talk directly to the computer for preflight briefing data and to.file a flight plan. The specifications for ths'FSAS incorporated the best features of the "prototype_automatiod systemVthat have been in operation in the F889 at Atlanta, Ga.,.Leesburg, Va.;"and Indianapolis, Ind. since 1976. The current delivery schedule for the FSAS in Alaska is 1989, although there is a possibility•that this* could move forward to as early as 1987. Mother feature of the automation system is the Voice Response System (VRS) wherein pilots utilixe.a touch-tone telephone to query the computer ip data base for weather and flight data information. The computer responds to the pilots request with a computer generated voice. The VRS has been in test operation at Wash. D.C. and Columbus, Ohio since 1978 and is currently being expanded to about 26 other cities throughout the U. S. This system will also alleviate the number of calls to the FSS specialist for routine information. * 'It was originally intended that the three AFSSs in Alaska would be housed :It the national standard AFSS buildings that were to be newly constructed by FAA in -Anchorage, Fairbanks And Juneau. We have just recently completed the process of soliciting lease space under the competitive .'procurement 'program alid based on our cost analysis of the offers received it we recently announced to the public that we would lease space in Renal and build our own buildings, as originally planned, in Fairbanks and Juneau. The change to Kenai will save taxpayers about $1.5 million { In building construction costs. +► Consolidation of existing FSSs into an AFSS is a follow-on phase of the FSS Modernization Program and will occur only when we can provide at -- -" - - least an equivalent level of safety and service at the consolidated location. Consolidation of existing FSSs into the AFSS will be an incremental program and should a major problem arise in any area being consolidated we will suspend further consolidation activities until the problem is resolved. Consolidation of the system into the AFSSe to critical to achieving the greatest degree of employee productivity and long term cost savings. r << • The closure of an FSS will not result in the loss of weather - observations. Twenty of our Alaskan PSSs currently provide weather ( observations and this service will be maintained by the most cost i:. effective method. Potential alternatives include contract observers, P military observers, Air Traffic Control Tower observers, State of Alaska ( observers, National Weather Service observers, and an automatic weather observing system (AWOS). We are currently testing a prototype AWOS at --- Valdes and Galena -as part of -a national test at 14 locations throughout the country. ,.... . A The safety and convenience of air transportation in the State of Alaska Is a high priority with the FAA. We believe this is clearly evidenced by the following statistics: Aviation Weather - The FAA has established 13 new contract weather stations in Alaska eince 1976 and has 30 more planned, 19 of which have been approved and funded by the Congress and are scheduled for Installation. Communications - The FAA time established 29 new FSS remotely controlled communications outlets in Alaska since 1976 and 36 more are currently planned, nine of which are approved and scheduled for Installation. Many of these outlets are "high sites" (i.e. mountain top sites) designed to provide extended coverage. • . Direction Finders - The FAA has established 7. new remotely controllable direction finder stations within the past two years to supplement the 15 stations that have been in operation for several years. Twenty-eight more DF stations are planned, 17 of which are approved and scheduled for installation. The 15 original DF stations will be upgraded to state-of-the-art remotely controlled equipment. Navigational Aids - Twenty-three radio navigational aids (VOR, TVOR, NDB) are approved and scheduled to be established throughout the state to supplement the 91 that exist today. An additional 17 navigational.aids are currently planned. Radar - Two new FAA radar systems have been added to the Alaska networ during the past 3 years to make five systems currently in use. Two more FAA radar systems are planned (one.is approved and scheduled for Installation on St. Paul is.) plus up to.12 military radars are planned to be incorporated into the National Airspace system for use in monitoring and controlling civil aircraft beginning in mid-1965. Airports - The FAA has expended $258 million over the past 13 years to support growth and development of the state's airport system. We anticipate expending approximately $150 million more through 1987. • The FSS Modernization plan is not intended to take services away from the users, but merely to centralize control and operation of the system. In fact more services will be available as all elements of the program come on line. The intent of implementing automation and consolidation is to reduce labor-intensive workload and meet anticipated increasing demands for service without a corresponding increase in the number of FSS specialists -- a more efficient government operation at less cost to the ,taxpayer* We have enclosed several brochures which help explain various elements of the FSS Automation program. If you have further questions please feel free to - contact us. L L� PO - MEMORANDUM TOt Keith Korneliat Public Works Director FROM: Jack LaShoto City Engineer DATE: July 24, 1986 SUBJECT: MAIN STREET QW= - SPUR HIGHWAY INTERSECTION I have been asked to investigate adding a right turn lane onto the Spur Highway from Main Street Loop. it appears that a new lane can be added by simply re -striping the two east bound lanes into three lanes and putting in arrows for restricted turning. The west bound lane should probably be left at its present width in order that traffic crossing the Spur can do so without veering to the right more than is presently necessary. The only costs involved would be repainting costs and templates. JL/sw Je A4,C du -5 Ad oe oel6*V 7- 7&,e ov J-' oq v j OF FOR COUNCIL 141LETUNG City higr. —L3 Attomej A&rbdPub11c Works —L3 Cky Clerk �U F1fiaA*,,f Submitud uy-A-� Griqlaal To4— Counell OK QNo 0yes } UrN� W19nai Community Xifnaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI AL.ASKA 99611 REPORT FOR FISCAL YEAR 1985 - 1986 Circulation Adult Juvenile Easy Books Fiction 16,694 5.058 14.214 Non-fiction 20,451 2,121 2,976 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 725 60 27 35 Purchases 1,041 163 233 3 Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books AV 400 54 65 4 Interlibrary Loans Ordered Received Returned Books 709 610 534 AV 511 448 443 Interlibrary Loans by our Library... 1,310 Volunteers Number... 39 Total Hours... 7,127 847 1,440 2,287 ? i � 523 Income Fines and Sale Books 6.882.03 -- - - -- —= ----- Lost or Damaged Books 2,615.59 Xerox 2,457.50 Donations 297.15 Notary Fees 12.50 Miscellaneous 12.25 Total Income for Fiscal Year 1985 - 1986....... $12,277.02 t:. 10 ` �(caat eomn>e�►elty Xdnaay A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued Fiscal Year 1985-1986 _1 Kenai 2222 Anchorage 7 ' Anchor Point 3 Chugiak 2 i v }� Clam Gulch 25 ti• 3., Cooper Landing 3 Homer 5 - ,t Hope 1 Kasilof 104 Moose Pass 1 ' - - Nikiski 268 Ninilchik 5 Seward 2 - Soldotna 587 Sterling 62 - 3297 ;- f Library Patronage.... 73,496 Persons 0 _ - :a. :I . i i FF t AI F O j A PYOLIC LISNAIIr IN Ct11VICE i1NC9 1040 BOX 157 KENAI. ALASKA 99611 z j r REPORT FOR THE MONTH OF JUNE, 1986 Circulation Adult Juvenile Easy Books Fiction 1,510 633 1,581 Non-fiction 1,433 214 351 Total Book Circulation 5,722 41. Films, Phonodiscs, Pamphlets, Periodicals 317 j Total Circulation 6,039 i( Additions Adult Juvenile Easy Books AV Total Gifts 87 6 4 97 Purchases 90 15 21 126 Total Additions 223 _ _ F Remedial and Re -Worked Books Adult Juvenile Easy Books AV Total ti 22 1 1 24 1 Interlibrary Loans Ordered Received Returned Books 52 34 61 ( ...,; AV 29 48 48 ' 1 "AI - Interlibrary Loses by Our Library 67 y Volunteers Number 42 Total Hours 657.5 Income Fines and Sale Books 415.80 Lost or Damaged Books 1,778.44 : Xerox 203.50 Donations �. Total Income for JUNE, 1986 $2,397.74 L i s . . 9(enai eommuniEy .Xdzazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued Month of June, 1986 Kenai 229 Chugiak 2 Clam Gulch 2 Homer 3 Kasilof 13 Nikiski 36 Soldotna 39 Sterling 2 f; 326 J Library Patronage.... 7,821 Persons Lam,. f n' Is V p s_ 6 _O-dNz o o85 '00 ° n g 0 f' o 00 U 00 W U7 O O O C Co C EA x 0 No a 0 12� u Lam'. z O 7; � 02 go N 00 w a co U7 ao ao OOD�]OQ 1 l QR s w a U M M= TNA M.AOKAnnn o i. S' LT G' 71 aan-n e ., July 16r 1986 a STAS'EMFNTNT Keith Kornelis Director of Public Works City of Kenai Box 580 Repair Alaska 99611 Airport Main Apron Extension Project No. 83080 Amendliant tl Fina18111ing Ptofeeisionsl Services Engineer 1 4.4 Hours @ 867 ," $ 294.80 Ole Engineer 11 24.75 Hours @ $57-1 1410.75.., Engineer IV 49.3 Hours @ 045-' 2218.50 0.1 Tedvdcian II 26.5 Hours @ $42 -1 1113,00 .10, Draftsman I 12.75 Hours @ 835-- 446.25 Total Effort, 5483.30 Amount Dyne 82900.00 ,A. ewv. fn / � I FOR COUNCIL faLell 16 V If~l � b (] Clly Algr• --E3 Attotal>r Public Works ---V City Oak &-4... YV Finance ---Ej v �v b IA By-^+� a Inal T Su m tt Couneil 01C C3No C3YC- Ck-- 1 i 1. -._. _... - ------------- I .3. ZNF-0 - // M i P rq�\ABMA nn Co S1.� 1 os, uoa- n. e J ? 0 nainefl. 7. Y;rf,�' 18, July 16, 1986 i : STATEMENT Keith Kornelis Di rector of PWDl is Works City of Kenai Box 500 Kenai, Alaska 99611 Airport Main Apron Extension Project No. 83080 Amendment #2 , Final Billing Pe-1,Y+ Original Fee Amlaldnelt #2 Amount Previously Billed Amount Remaining on Fee Profeseiat`al Services Engineer I Engineer II Engineer IV Draftsman I Draftsman II L 25.1 Hours @ $67 -' 234.0 Hours @ $57 283.0 Hours @ $45 ,' 55.5 Hours @ 035 193.0 Hours @ $27 Total Effort Amount Due $38950.00 40146.00 (75044.60) 4051.40 01681.70 13338.00 12735.00 194250 5211:00 034908.20 $ 4051.40 FOR COUNCIL inEL• UNG OF Ir'e'4. City Mot. --13 Attornoy Public Work: ----a city C:@rk 9Q— F;aa o —13 ariablml t r" Submltt© By-�= Council 01: []Vo QYe. L F /V PO r/ 0? M fiOl TNA AIAEiRe,iT1A 9 CONSULTING H 71 ao + e . . . ;5 ri ..,. 1't July 16 a 1986 STATEMENT GX 172, 75-Y,00 Keith Kornelis pd t-o /917 7 7 7, 93 Director of Public Works V aty of Kenai Box 580 /✓a .1 7 6, 07 - Kenai. Alaska 996n . Airport Main Apron Extension Q,D .3 a Project No. 85043 Progress Billing thru JMe 15, 1986 Prc�eseional Services Engineer I 24.25 Hours @ $67 $1624.75 } Technician II 11.0 Hours @ $42 � 462.00 secretary I .5 Hours @ $28 - 14.00 .:. :.., Cmunications & Engineering 121.50 x 1.1✓ Total Dw :;h..i r. ( i 133.65 -- 82234.40 � 'C-4_- b,t FOR COUNCIL MEtsii,VG OF�let1!!y .—� city mor. --p *rrpblit Works --j3 city Cledt L .m Finance ---rJ -- 1, 0 ipinal Te EU Submitted eye-• t Council Olt ONO (3Yes L L E1�!1!lil�l���\`1�11\lam���� • • • 11 lk!k ve I I I 1 July 16, 1986 70 9� 11/9000, d'b-51r STATEMENT Reith Rorne]is Director of Pull is Works city of Kenai Box 580 Remit Alaska 99611 Airport Main Apron Extension Project No. 83080 Extra Work - Corp Permit for Rana+ Ernst Final Billing Prafessiaal Services Engireer 1 2.0 Hours @ $67 / Draftsman II 7.5 Hours @ $27 Total Due k r $134.00 202.50 336.50 XNFo-IJ • i Me IS o ANWCIAT96o INC. Pp0�810NA1. ENd01ffFL4, SUiiVL1fON9 8 PLANNEFB t; City of Kenai Department of Public Works ` 210 Fidal o 1 /4 V 9000, ft 95-- July 29, 1986 .. Kenai, Alaska 99611 References City of Kenai - Kenai Airport Improvements ( Our Invoice Numbers 5097 Our Job Numbers 86-4022 Charges Throughs 7/26/86 Summary of time is attached 'S r : i" ; Total Contract Amount Billed to Date (Including Above) Balance Remaining on Contract Amount Due This Invoice -i l S ,rNFO- /Y $ 37,700.00 1le -agr4=-U .7 � / ;k J. 9 9 $ �QQ i r. P.O. BOX 499 SOLDOTNA. AK 99669 M7-263-4219 k A a 'Y t Win. d Nelson 1 • 1 R t ` 9TRUCTUR rN FO P•O. BOX 1689 KENAI, ALAS" 99811 215 F10ALGD. SUITE 204 July 29, 1986 •` ',✓• elan .. n... A. 6;,,� N I City of Kenai aW 210 Fidalgo St. -- i Kenai. AK 99611 f i STATEMENT H8512 - H.A.S. PROJECT PREVIOUS BILLINGS THRU 5/23/86 $110,548.46 d �. PROFESSIONAL SERVICES 6/24/86 THRU 6/30/86 Engineer Principal En 9 23 Hrs./E75.00 1725.00 Engineer I 184 HrS./550.00(S.T.) 9200.00 � 69 Hrs./$61.5010.T.) 4243.50 j 1 Man Survey Crew 4 Hrs. /E66.00 264.00� 2 Man Survey Crew 1 r. _ 30 Hrs../E126.50 t,. 3795.00 0' :3 Man Survey Crew 011 1.h ' 14.6 Hrs./E176.50 2559.25 I 4 Man Survey Crew -' — - - --- 7 3 Hrs. /N237.00 1-*� 711.00 F _ Clerical i .5 Hrs./$25.00 1-11 12.50 p6 1 vet Luu�wlL ui�c16.0 vt If -A a by . •rr L] I,,q w9r. —V ..aunlej itlL UIMC Winks --- Lj vlty Quit ---.L] �Cru,mCa -ormli'll T" -^ sukmitad dy---j—%" council OK 0,13 EY41 ---- }' 1 t .2 t • July 29, 1986 2 of 2 STATEMENT #8512 - H.A.S. PROJECT MISCELLANEOUS EXPENSES: Copies 78/$.15 tv, 11.70 Prints 12/$1.50 18.00 Film $35.67 + % 39.24 Postage 1.83 Testing Lab $1245.00 + 10% 1369.50 TOTAL TO DATE $134,498.98 �l NOT TO EXCEED $126,3154.00 LESS PREVIOUSLY RECEIVED $110,548.46 ✓ BALANCE DUE 4: J 1. � Mo�.w • a w••ooIwT•se INC. ,} �oowu. sus, suAVEvoas s a�wiusAs t e.... .. i i t h :. ... tl 1� .f. July 29, 1986 Mr. Keith Kornelis Department of Public Works City of Kenai 210 Fidalgo Kenai, Alaska 99611 Reference: City of Kenai, M.A.P. Project Construction Inspection Our Invoice Numbers 5096 Our Job Numbers 85-4022 Charges Through: 7/26/86 Summary of time is attached TNIF-U-1b Total Contract Amount $ 183,350.00 Billed to Date (Including Above) '�8•."-r—'d IY?'V)7.1Y Balance remaining on contract $ .7173.4, 6 4 due P.O.90X 4ee eOLCOTNA, AK esese ew-ew-4ei e L p - 6-1(v ` - y f 9 Af /JYF® d BEAUTIFICATIFICATION COMMITTEE July 22, 1986 Kenai City Hall Tim Wisniewaki, Chairman 1. ROLL CALL Presents Wieniewaki, Selby, Sheldon Absents Hakkinen, Nelson, Also Presents Jim Simeroth 2. AGENDA APPROVAL 3. a. Agenda approved as submitted PERSONS PRESENT SCHEDULED TO BE HEARD None APPROVAL OF MINUTES of July 8, 1986 Minutes approved as submitted. Chairman Wieniewski noted in the minutes of the last meeting that nothing had been resolved concerning the sidewalk sweeping and ai that the Committee again discuss the matter. There seems to exit communications problem from Mr. Lacy of the DOT regarding the swi and rather than allow the problem to remain, someone needs to dii the matter with him. The Committee and Councilwoman Bailie felt the best method would be to direct Kayo McGillivray to meet with Mr. Lacy to resolve the problem. =-:-. - S. OLD BUSINESS ` a. Report on Railroad Ties Planning Specialist Loper reported on the results of contact with ': .. Spendard Building Supply. The company could obtain 600 ties for the :-, City at a cost of 513.99/tie which includes the transportation to the "front door". The grade is 1% used and the engineer, Mr. Boysen was ►.:`_..: u`� invited to inspect the two on the premises. Delivery date would be two `-'`' --- - -- weeks from the time the order is placed. The Committee asked that Mr. Boysen be contacted with a copy to Keith Kornelis to inform him that storage apace will be needed. The order should go in prior to the end }� of August when the road project is to a point where the construction I:' ;� on the park can begin. a BEAUTIFICATION COMMITTEE July 22, 1966 Page 2 b. Report on Tools Ordered Chairman Wisniewski asked for a report on the tools that were ordered, Jim Simeroth answered that they were not yet in, but expected soon. c. Report on Airport _Way -Project Councilwoman Bailie felt that with the success of the cement planter rings, that perhaps the Committee should consider ordering more and placing them around Kenai. The triangle strips in front of Time Saver and the Airport were discussed. At the last meeting Mr. Gunther of Kenai Nursery spoke of taking over one of the cement planters in order for the City to observe first hand some of the varied plants that would be attractive and grow well in Kenai for a longer period of time, however, the flowers would need to be ordered prior to October for the following spring. The Committee further discussed the possibility of having a local firm construct a form for making our own cement planter rings. Committee Member Selby will contact a firm familiar with this type of project and report at the next meeting. As banners were placed back in the revenue sharing budget, placement and cost were discussed. Since the major part of the banners are the brackets, this problem will need to be worked out first. Several firms had submitted package deals with brackets and banners, however, would not sell the brackets separate from the banners. It was suggested that perhaps the high school welding class could come up with the parts and brackets necessary. It was also discussed that in order to reach a decision on placement of banners, a meeting with Mrs. Snow would be necessary prior to moving forward with any more plans. Planning Specialist Loper was directed to contact Mrs. Snow and set up a meeting at her convenience. Mrs. Snow will be travelling from Anchorage. 6. NEW BUSINESS a. Awards-6 Letters - List A list was presented that was used last year. Chairman Wisniewski volunteered to go over the list to mark the businesses to receive awards. The letters will be sent to the remainder. b. Proiect - _Living Memorial Park Councilwoman Bailie gave a report on the progress of the project stating that a committee was being formed and would hold their first meeting Monday, August 8th at 7:00 PM at the Senior Center. Several of the ideas discussed at this meeting will be carried forward to the Park Committee. C a] 1 BEAUTIFICATION COMMITTEE July 22, 1986 Page 3 7. PARKS & RECREATION COMMISSION REPORT No meeting this month S. COMMITTEE QUESTIONS & COMMENTS Councilwoman Bailie noted an article which had appeared in the Clarion concerning the beautification efforts in Soldotna and further noted that very little coverage had been granted to Kenai past and present. On at least two occasions the Clarion had been contacted regarding events by the Committee and there has been no coverage and no attendence. It was noted that minutes and agendas do go to the Clarion and regular meetings are listed. Planning Specialist Loper was directed to contact a reporter at the Clarion and see if the efforts of Kenai could also be followed. 9. ADJOURNMENT There being no further business, the meeting was adjourned at 1s23 PM. The next regular meeting of the Committee will be Tuesday, August 12th unless called prior to that time for Mrs. Snow. Janet A. Loper Planning Specialist L 0 F f � r� s � ; x Resource Development Council • • for Alaska, Inc. ill "1" im sifts !m, . A R n 5 f,in 110516, A:e WIP.1Wb II611.0111-11107N111 i exEcutNeou+seros July 7, 1986 % Paula P. En" Lr. TO: RDC Priority Mailing List J, FROM: So Brownfield, President SUBJECT: New Strategies for Advancing Alaskats Economy: Now that the above publication is being circulated throughout the state to generate support for its adoption as public policy, RDC division members have a major task facing them this summer. WE MUST BEGIN DRAFTING LEGISLATION CALLED FOR IN THE STRATEGIES AND IDENTIFY HOW OTHER RECOMMENDED ACTIONS ARE TO BE SET IN NOTION. YOUR TALENTS AND DEDICATION ARE CRITICAL TO THE SUCCESS OF THIS PROJECT - The actual process of communicating with each of you concerning this project, however, has been complicated by the fact that there have been revisions to the structure of our resource divisions since the April Annual Meeting. The Council now operates with six divisions rather than four, and we would like to know by July 20 where you would like to devote your activities. For is project, mailing costs dictate that we correspond only with those who respond to this letter. I've enclosed a new "issues division form" for you to complete. In the section entitled "RDC Issue Divisions," please check the ones in which you would like to have input. Unless notified to the contrary, you will be placed in our computer under the new division(s) you select. To refresh your memory as to how you might now be "segmented," following are the old and new structures: New Divisions Lands Mining Oil & Gas Intl Trade/Industrial Dev. Renewable Resources -Agriculture Committee -Forestry Committee -Fisheries Committee -Tourism Committee Power Development Former Divisions Land and Renewable Resources Minerals and Energy Transportation Int'1 Trade/Industrial Dev. L L_ L —1 i I Page 2 Designated executive committee members assist the divisions by acting as liaison between them and the executive committee. They also act as a resource person to the division directors. You will receive a letter from your executive committee liaison just as soon as we receive your issue divisions form. The letter will explain how the project will be undertaken and inform you of the meeting schedule. If you do not already have a copy of the New Strategies, which you will need to participate in the project, please pick one up at 807 G Street, Suite 200 or use the enclosed order form. It is our intention to complete the "Action Agenda" by September 30. After that, meetings will be scheduled with legislators, our congressional delegation and others to gain their support for implementing the priorities we set forth. I hope I can impress upon you the importance of this undertaking and the once -in -a -lifetime opportunity you have to personally influence public policies affecting resource development in Alaska. Sincerely, RESOURCE DEVELOPMENT COUNCIL for Alaska, Inc. Boyd J. B ownfield-/ President Enclosure Issue divisions form Order form cc: Division Directors NEW STRATEGIES FOR ADVANCING fon ALASKA'S ECONOMY 1986 - 1990 ORDER YOUR COPY TODAY _ -- w Outlines the first steps toward building tf:o foundation on which Alaska's economy will grow and flourish Provides a well -conceived framework for actions and policiee, to advance Alaska's economy at the right ti,-� * Targeted to advancing Alaska's resource industries, recognizingi that growth of the state's secondary or service industries will follow basic industry expansion * Reveals strategies for advancing Alaska's industries: - oil and gas - fisheries - agriculture - tourism - wood products - international trado/indus. Development - minerals - power development * Over one year in the making with input from hundreds of industry and government representatives This report can be picked up or ordered and is available for $5 per t. s copy at 807 G Street, Suite 200. ------------------------------------------------'-------------------- —f .] By Mail: . Alaska's r Please send copy(s) of New Strategies for Advancing Alaska's Economy: 198_ 6-1990. i [_] I have enclosed $ _: ► , i NAME AFFILIATION BOX OR STREET NUMBER I.r CITY/STATE/ZIP PHONE t Resource Development Council J. fa aoskca. Inc NI "P ttM1 bIN >� Md�1p, IM4 swum L / - 1 L ut f ... ? s t� j� •i f r— 7 i t7 { I S S U L D I V I S I O N S F O R N Dr/Mr/Ms 31 Fire Middle Last Title Firm/Organization Work Phone Home Phone RDC Issue Divisions: Selecting one or more of these divisions will help us direct information of interest to you. We urge you to get involved with the activities of your chosen } division(s). Lands Renewable Resources: Mining Agriculture Committee Oil & Gas Forestry Committee Int'1 Trade/7ndustrial Dev. Fisheries Committe Touriam Committee -5 - Power Development f-'�-- --- - , ---# - t �--�.. .. - _ .,.its--•-• _ =----�..-z- ____ - 1. 1 1 1 IBUSINESS MINUTES EMS COMMITTEE COMMITTEE May 27, 1986 IWAO - ! 9 - Presents Sue Grove, Jim Dunn, Kathie Rowland, Mike Lockwood,.„ Clay Schulte, George Garnett Absent: Steve O'Connor (vacation), Peter Hansen Kena, Ambulance Representative. Old Business: 1. ACLS instructor update will be some time after June 6,'-:C-7o". when the new protocols come out in the June issue of JANA. 2. The "No Code" Procedure is in effect, but there have been A2. a few problems. The first is, there seems to be some confusion at the Magistrate's office as to what they are to do with the requests from families when the requests are received. Kathie will contact the Magistrate to try to get this straightened out. 3. A community disaster management committee has been set up -' through Clancey Johnson's office. Members of the EMS Committee are representatives on the Borough Committee. ` 1 4. If there are any n problems with Mental Health, or AST the scene, please be sure - responding to a psych patient at the administrator on call is made aware of it. oil New Business: 1. Jim raised the observation that medevacs originating in the Emergency Room seem to run more smoothly than those and wondered how it was decided _. from other nursing areas, who would do the medevac. The policy as it stands now is the requesting unit will do the medevac. The reasons behind this are 2s first, to cut down on the number of phone calls and interdepartmental call transfers, '..:;,'. j particularly when Providence is doing the transport. i Second, our other department personnel will never get h proficient if they don't have an opportunity to set up these medevacs. The question is whether the Emergency Room could go back to doing them all. This will be { r brought to the ward clerk meeting for discussion. 2. Cooper Landing has requested a meeting with Dr. Pollard. Room +_ f. Dr. Garnett, CPEMS and the CPGH Emergeny physicians some guidelines for transporting critical j to set up patients, particularly cardiacs. Jim Dunn will set up the :l meeting. j.. rt �; .i E .5�N Fo - .20 LOY SCOUTS OF AMERICA TROOP 152 111 k.: SChl"em 1 ey BcoLItrr,as? r P.U. BOX 2925 Kenai, AY. 99611 233• 1292 OR 1187 23 June 1986 Dear Kenai Chamber Members and Merchants It is time to r•_naw our comma tment to th,: (ti ty of ::enai to put up American flags on al l hol idays. At pr75ent 2hc? fl AaS are displayed along the Spur nighway. The Kenai Chaa,,:,_r of Co;nr&_rcc nas aoorovi?d [,Luting ua one American flag for each Chamber - mei ib r or mercha ri t s contribution of $20- 00 for pne year. This contribution is rene-uarle bay Scouts from Trcoa 152 which noul has ?tr registered bcyc in the Troop use your contributions as their main source of income. The money is then used for all troop expenses including purchasing and rrpiacing th.. American flags that they display. As we sta-N--d '.apt y.ar the troop was going to expand the flag display from 34 flags on t1j: Spur highway to 54 on the Spur and 21 on Wi 1 low St. for a total off 7` -flags. 'We nave just purchased the additional amount of flags needed and -.,i1 i 'lave a: 1 the brackets tic and wi11 be displaying at 75 flags starting on the 4 of July. We again thank you for your help and ask that you help us continue this service to the community by making your contribution today to: BSA TROOP 152 and mail it to the following address. BSA TROOP 152 P.O. BOX 2925 KERrAI , AK 99611 ATTPl1 MIKE SCHWEMLEY SCOJT:IASTER Sincerely 0 M. SCHWEMLE`! SCOUTMASTER L L K BI1.1. 8H6PPIBl.O � 11 GOVERNOR tL' 1 r ' STATE or ALAN KA Y{+ OPPICE OF THE GOVERNOR I11 .S :• .. JUNRAII July 11, 1986 �- The Honorable Tom Wagoner Mayor, City of Kenai �^ 210 Fidalgo ' ' Kenai, AK 99611 f s... Dear Mayor Wagoners p of the Kenai Resolution 86-51 Thank you for sending me a COPY _ concerning the Department of TrangunctionofromPublic c Soldotna to ties' (DOT&PF) moving its supply Anchorage. Supply personnel have been considering moving the purchasing .� position from Soldotna to Anchorage for some time. This is because the volume of work for the individual in Soldotna does While I can appreciate your not justify a full-time position. concern for any action that may adversely impact the Kenai/ 3 Soldotna area, current budget reductions have necessitated this = move because having the position in Anchorage is more efficient. 1 I am pleased to add, however, that the incumbent in the supply position will be able to remain in the Kenai area in a position } with another DOT&PF division. -� I also have been assured by individuals in the supply section of :.'• ;„ ...: DOT&PF that every effort will be made to continue to purchase a discretionary items locally. The only difference will be that the order will be placed by phone from Anchorage instead of from Soldotna. The adverse revenue impact of $250,000 to $500,000 mentioned in the resolution is overstated. Amore accurate estimated revenue impact is from $10,000 to $12,Ou0, and that seems minimum in light of the budget cuts that the state is experiencing. I hope this information alleviates some of your concerns, an d I ' appreciate our understanding on this issue. -- -- -- - --- -- - - -- .— - Sincerely. - _ -..- --y-- 1 i ', 4 &4heffiSt - k; `•- � ,, , �.�, Governor �t ' f 1 �rrr� i 0 E C, . :(4 je I im °t•i j F BILL SHEFFIELD, GOVERNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES POUCH z f PHONBu1907) 40B3900 OFFICE OF THE COMMISSIONER f 76/MTt LM July 7, 1986 Ms. Janet Whelan, CMC City Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: Thank you for your recent letter and copy of Kenai Resolution 86-51. While I can appreciate the concerns of your community that were expressed in the resolution, the $250,000 to $500,000 impact mentioned in the resolution greatly overstates the reality of Department of Transportation and Public Facilities purchasing in the Kenai area. Eighty to ninety percent of purchasing is done on contract -- that is, vendors who have contracts with the State to provide certain commodities. Local discretionary purchasing by the Soldotna office is $10,000 to $12,000 per year. My staff has assured me that most such purchases will continue to be made through local vendors. The only difference will be that the order will be placed from Anchorage by phone or mail. The Maintenance & Operations Division has done some organiza- tional changes that necessitate a new position in the Soldotna office. The position has been offered to the individual who was formerly the purchaser in Soldotna. To my knowledge, she will accept the position. I am confident that the actions we have taken satisfy the effi- ciency requirements of the Department and, at the same time, the impact of state spending in your area is neutralized. Addition- ally, we have been able to retain a valuable employee. S ncere-lyy,, R. J. Knapp Commissioner cc: William R. Snail, Deputy Commissioner, Central Region is i 0 ' { f #` PAY ESTIMATE N0 - _ CITY OF KENAI : •'" ` { „UL1903 -' Project EAST ALIAK ST., NORTH HIGHBUSH LANE, SWIRES DRIVE j SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET* = Contractor i•onsrruction Unlimited, Inc. 8821 Emerald Drive - Address � - Anchorage, Alaska 99502 Project 'No . A Phone 248-6490 Period From 7/ lv to 7 ` - - ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE j 0 Original contract amount $768,605.80 Net change by change orders 2D7,3•S3 4 1 O3 Adjusted contract amount to date 976, y99. 33 ANALYSIS OF WORK COMPLETED O4 Original contract work completed 019. 03/ .301 OS Additions from change orders completed 9.Z 4? 6. 03 © Materials stored at close of period t _ O Total earned( +O+O= 9//. ,l ® Less retainage of .S percent yf.m 9z -------- _- O Total earned less retainageO-O= 8�(oT.�Oda 06 91 ----- =--- 10 Less amount of previous payments ,SO O. lI Balance due this payment cc: Contractor Construction Unlimited, Inc. - ! +. - Engineer Wm. J. Nelson 6 Associates 0111-w l u A`• :uol�11ci 4 t l ' (, t4, _ .l L —Pape ?. 0f 15 i 1 ' }� r PAY ESTIMATE N0: e - EAST ALIAK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET ' CERTIFICATION OF CONTRACTOR 6 it Aecotding to the best of my knowledge and belief, 1 certify that all items and amougts shown on the face of this Periodic Estimate for Partial Payment are correct that all work has been performed and/or material supplied in full accordance with the requirements { ; j of the referenced Contract, and%or duly authorised deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate• "Balance that no part of the Due This Payment" has been received, and that the undersigned and his subcontractors have-(Chack� applleable erne) '} a. `Complied with all the labor provisions of said contract. b. G Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with te- spee% to said labor provisions. (fl (b) Is checked, describe Orle(lY nature of dispute.) '/ee By Construction Uni99flYit%B', Inc. (Signature oLAulhorised [tepp,en Alive) t✓ / , 19% Title S r CERTIFICATION OF ARCHITECT OR ENGINEER ` '+ 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the contractor; chat all work an material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in fu11 accordance with requirements of the reference contract; and that partial payment claimed and requested by the contractor is correctly computed on the basis of work performed and/or mate• vial supplied to date. # } Signedi 1 Wm.Nen0ff•16 aAlltlt:Khtes .. - -. Date ✓K�� _ - I , PREPAYMENT CERTIFICATION BY FIELD ENGINEER Cases type of paYment eerrlfledr have checked this estimate against the contractor's Sehorlule of Amounts for Contract PoYments. the notes and reports of my rnapectiuns of the proiect, and the periodic reports submitied by the architect/copincer. It is my opinion that the statement of work performed and/or materials supplied is accurate, that the contractor Is observing the requirements of the contract, and that the contractor should be paid the amount requested above. �[] t certify that all work and.'or materials under the contract ha•i been ins plied in full accordance with the requirements of the contract. petted by me and that it hat been ptrtarmed anJinr sup- 1, . . m. J. Nelson & Afit"dkalbeW Approved (Contraction Officer) Iltpr.•t c ' 1 t s O.7 9, ytoio, h Sj"' PAY ESTIMATE �I or r �v 1Jv� 1g� Pro j ect M.A.P. Contractor Zubeck, Inc. �'•:"age, Address 7983 Kenai Spur Highway Kenai, Alaska 99611 Phone 283-3991 Page I N 0 : 9/ Project No. Period From .5-22-86 to 7-213-86 ANALYSIS OF ADJUSTED CONTRACT AMIOUNT TO DATE 1 Original contract amount 1,665,095.00 ✓ I ONet change by change orders (53,148. ✓ etiQ OAdjusted contract amount to date 1,611,946.15 ANALYSIS OF WORK COMPLETED OOriginal contract work completed 1,519,910-95 OS Additions from change orders completed 10,670.75 ✓ © Materials stored at close of period -0- , ( Total earnedO4 +O+r�6 n 1 530.581 70 ® Less retainage of 52 percent � 76,599.09) ✓ OTotal earned less retainage 7O •@- 1,454,052.61 10 Less amount of previous payments 1,242,022..99 11 Balance due this payment 212,029.62 )� roR cc: Contracto -� �� n Engineer _ ---------. S • i Y i S L _1 11 , Page 2 of PAY ESTIMATE NO:9_ f� CERTIFICATION OF CONTRACTOR :j According to the beat of my knowledge and belie(. ! certify that all items and amounts obown on the face of this Periodic Estimate fat Patriot Payment ate correct; that all work has been performed and/or material supplied in full accordance with the requirements j qq of the referenced Contract. and/or duly authorized deviation@, substitutions. alterations, and/or additional that the foregoing is a S true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the Balance Due This Payment has been received, and that the undersigned and his subcontractors have -(Check --- .. applicable Nno) ia. Q Complied with all the labor provisions of said contract. ' b. [:]Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with to- " i.specs to said labor provisions. (it(b) to checked. describe briefly nature of dispute. By '�!J f Zubeck, Inc. (Contractor) (81goaturedoikuthorlsed Representative) I � � L i, 7 30 , 1956 Title CERTIFICATION OF ARCHITECT OR ENGINEER 1 cattily that 1 have chocked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and by correct statement of work performed and/or material supplied the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative of ' assistants apd that it has been performed end/or supplied in toll accordance with requirements of the reference eoaeraet; and that partial payment claimed and requested by the contractor is correctly computed on the basis of walk performed and/or mate- rial supplied to date. .- -' Signed AAA ' a rahitect or engineer) McLane S Associates _A.'1.3 e • bL Date - l-'.- PREPAYMENT CERTIFICATION 6Y FIELD ENGINEER .. Check tree of Payment corrlNedt 1 have chocked this estimate against the contractor's Schedule of Amounts (or Contract Payments. the notes and reports of m insp�etions of the proiect, and the periodic reports submitted by the architect/engineer, it is my opinion that the statement of work performed and/at materials supplied is accurate. that the contractor is observing the requirements of the contract, and that the contractor should be the amount requested above. s --� - - -- — — - paid 1 eertif that all work and/or materials under the contract has been inspected b me and that it has been Q Y pe y performed and/or sup- plied in full accordance with the requirements of the contract. „ .. (Flea Engineer) McLane 3 Associates (t:oattsetrag 011ioet) L (DaW J Page Z/VR Py $1 P A Y ESTIMATE N 0 CITY OF KENAI ROBIN DRIVE, KENAITZE COURT, EAGLE ROCK DRIVE, SANDPIPER LANE, Project TERN PLACE* AND SOUTH STRAWBERRY ROAD Contractor DOYLE CONSTRUCTION COMPANY Address Rt. 1, Box 1225 Kenai, AK 99611 Phone (907) 776-8552 Project No. Period From 7-/-491 to L7-3o- ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE Original contract amount $241,252.00 Net change -by change orders @ Adjusted contract amount to date ANALYSIS OF WORK COMPLETED Original contract work completed OS Additions from change orders completed Materials stored at close of period 07 Total earned( D+@+(D- Less retainage of percent Total earned less retainage(D -0 - ,t� Irt Less amount of previous 11 Balance due this payment r- r F JI 4� r � Page a of PAY ESTIMATE NO: ROBIN DRIVE, KENAITZE COURT, EAGLE ROCK DRIVE, SANDPIPER LANE, TERN PLACE, AND SOUTH STRAWBERRY ROAD .. CERTIFICATION OF CONTRACTOR I Aeeordinp 10 the best of my knowledge and belief, 1 celtify that all items and amounts shown on the race of this Periodic Estimate - - for Partial Payment are corteett that all work has been performed and/or material inpp Shown In lollaccordancee face of i with the sic Estimate is a of the referenced Contract, and•or duly authorised deviations, substilutions. uppliand/or additional that the foregoing is a true and correct statement of the contract account u to and includin the lost day alterations, thPeriod covered by this the dic ing isEstim0 r J ! that er part in the "Balance Due This Payment" has been received and that the undersigned and his subcontractors have-(cr aek 1 t apMtraHr fMe) � a. C Complied with all the labor provisions of said contraea {pi b. M Complied with all the labor provisions of said {pert t0 aaiJ labor provisions. (l( (a) 4 all* contract except in those instances where an honest dispute exists with re• { Fj eked. dose►/ae Orlelly neruq or Maputo.) i 1 w wq By Doyle Construe n company (sis"etwe of Aulhala•a Repres•nwuw) —2-2 , 19 Title t - •,tl.eewas�ttpweh� . CERTIFICATION OF ARCHITECT OR ENGINEER i 1 Certify that I have ebuelced anil vitrified the above and 1wepuinp Pcriwic fsstimaty dot Partial Partners; shag to the best of my •e j kno"'Wi:e and belivf it ite A true and Co►teet statement ui work [Wrfarmud and%ttr mata•rial "upplivd by the contractor; that all S work alta•'vr maivrial inclujed m this Patn+Ji: F%timate ha" been m•pt•etv,l by ma anJ at by my Juty authotiAud representative of a.ai.umt anJ that a ha* txcn penurmeJ anJ Sr supPlivJ in full a::orJancu with rvquiremunts atf the tviervnce euntra¢t; and that Parpio aymvnt Claimed anJ rvquv vJ by the contractor is ruira•etly :amputvJ on the basis w wtvk Penurmud anJ•'w mute• "�; c`-• ►ial •upplwd 1v Jrt _.b... ... FiKnrd • i OceanTech Vale - �/ �D M-61 - PREPAYMENT CERTIFICATION BY FIELD ENGINEER s :A Cat•ak ryyN .tt Fevtnrnr ♦errtltrdt _..t .. - . ; •" 1 have .•h acA:.f thi. a•.ttmate at.gin.t gha• :untraa.K', sehl-,kth• o1 dmnunt• I,.t C.nilacr /'.ivmt•ms, the nata•. and r:part• ,a my ..`f.. _.. { tn.p•:n.M. ,x g}.v ptutrat. an.t rl,a Lrle.Ja .ul•nuua.i t.v rile ar:hnacg enpnrvt. itt. ma• aputatM that the .eatemvm.0 __._L—..�. _-.-• _.___ "s pvrt.etmv I .eta Of n,ata't,ais ul•phv.t i, j.'eUrAtr.0•travlv..hwntnK the ra pwnmvna og the :wnua:g. ana _ that tta• cangtacgul .huulei be pale{ guy am.wnt twitue.liA ahxvt-. I.Strait u.At .,.. A.•rw an, I ar I- It' u . 1. far tilt a.•ntt.,. iu-J , r n.,. ;•aao w.p..teJ bi rite anJ that g h.a. !•cvn t�n.atsaa anJ'.:.uP . — -- ---- — — j aa'. otaata:e , nr re urta vw..•t rilN e aat r.l. :. is OcR eC Yf 1ptp!a rnrm..r, j ` ,Dart t t i 4 10 faow ,ewe 4s I,N PO- 07S ,% PAY ESTIMATE H0:_,L r CITY OF KENAI ,, • j Project SOUTH SPRUCE STREET IMPROVEMENTS �! Contractor DOYLE CONSTRUCTION COMPANY Address -Rt.-I. Box 1225 Kenai, AK 99611 Project No.. Phone (907) 776-8552 Period From 7-bT d'l to 7.30 -,f6 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE �l Original contract amount $275,291.70 " �O Net change by change orders O3 Adjusted contract amount to date t �1 ANALYSIS OF WORK COMPLETED ' ® Original*contract work completed i OAdditions from change orders completed © Materials stored at close of period Total earned 40+OS +O6 ® Less retainage of _ lo� percent 9 Total earned less retainageO7 -®' 1� Less amount of previous payments- 0 Balance due this payment cc: Contractor: Doyle _Construction Company Engineer: OceanTech Alt-).).•1, I IfIfe'o • 'u-,`i � L tt ti PAY ESTIMATE N 0 : 1 , SOUTH SPRUCE STREET IMPROVEMENTS Page. A of 10 CERTIFICATION OR CDNTRACTOR*-- • • , of for Partial Pa>nteetsare coireui that all wt otkehae-beentpeifohmed landlorasnatariamounts supplied in an ull seeotdancehilvith theoiep em ills t uthe ndfewfaatittotemcnl a' be contract ceo nJ up to o d including tthe lost day f the Peri000d covered by this Perioodic $ttimsts= tbat no pate of the "Balance Due This Payment" has been received} and that the undersigned and his subcontractors have•(CAasa Apprtrekre ffn*) a. C Complied with all the labor provisions of said concenct. It. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with to - Will to said labot provisions. (if (b)In checked. describe I•r/elfy nature of dispute.) 1 l By Doyle Congt fVO'Yl MImpany t61sttstave or Authorized Resnuntaur►► -20 .19- Title ti PAY ESTIMATE N 0 : 1 , SOUTH SPRUCE STREET IMPROVEMENTS Page. A of 10 CERTIFICATION OR CDNTRACTOR*-- • • , of for Partial Pa>nteetsare coireui that all wt otkehae-beentpeifohmed landlorasnatariamounts supplied in an ull seeotdancehilvith theoiep em ills t uthe ndfewfaatittotemcnl a' be contract ceo nJ up to o d including tthe lost day f the Peri000d covered by this Perioodic $ttimsts= tbat no pate of the "Balance Due This Payment" has been received} and that the undersigned and his subcontractors have•(CAasa Apprtrekre ffn*) a. C Complied with all the labor provisions of said concenct. It. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with to - Will to said labot provisions. (if (b)In checked. describe I•r/elfy nature of dispute.) 1 l By Doyle Congt fVO'Yl MImpany t61sttstave or Authorized Resnuntaur►► -20 .19- Title U� t r E . rt t' I - �i CERTIFICATION OF ARCHITECT OR ENGINEER 1 certify that 1 have chucked anJ Vt. ifiej Chu above and fat•Fuing Periodic Estimate for Partial Payrncort that to chip bast el my knowlrJlty anJ belief it is A true and correct atatcmunt of wurk rrrtaKmed "J%or ewtrrial nurrlivJ by the contractut: that all walk aaa:ur matvrial ineludrJ in this Facrt.dic kstimaty has bC!Vn in.pvcte.l by me And ut be my Jut$. authuriaa•J reprottentateve or ovsistant.. anJ that it ha* tkcn rarrurm" anJ '.v surrlivJ in tull a..orJanee with requitcmvntn of the rviettnce contract; anJ that pamal raymvnt clainsv anJ r strJ by the eontractur is eurra•ctly e0mlwevJ on Chu basib of wavk pectutmvJ AnA.#' matte• vial .urpltvd CttJaC QitlnrJ � ' OtieanTe }rut . rnKmwP Date PRFr•PAYMEUT CERTIFICATION BY FIELD ENGINEER l.'Araa rt•pr ..r tAaretr..r rrrrrtrrdr ,a 1 bary t hcaLa.1 thi. r%gimate rt.tih%l thv .unusa.v'. S. hrttttb• .a •tm..tml. L•t C.at►ravt l��amt•n►s, the nutvs anJ rvM•rr% at my tn.p aa.n. ••t ri.r rt..tvar. rill tlta Irrt...lta it r••rt• wbnasttc•t t•v rh.• ahhnavC a•npmrar. It t. mr armran that the .wtvmcnt .V ..•rn 1 :fi.Bmr C rrN .v Cnatettai+ •ulpltt•s n uam ,sore du ...nuava•r t� ..h.entnp Che rv% MVortni tut the theconit.aa.iIv tna enat ttw arneraaut .ItoulJ N. raai tnc am.wnt rvyue.CaJ ..t•ucc. 1 .stet!• 11,40 r.i w.•rw ana Of eraser !, mt.ar she a.•nna.r bete aa.n ut.l•..saJ b� tilt• .utJ that it het, t•evn �n.ames rnJ .•t .0 j in J to reel) ac.vrarn.e h nr r utra•m. nil .•t u,c a.+urr.:. r wn OtieanTteil IYtr:a ►n true 7 3� that 1; � •.•tics Delp. L / - A L 1 i I 1 I I 7 Sj S� i-, L. c• a t. pQesource Developmed ZNP0- 2 f or Alaska, Inc. oa t000to, wa wsw oosto-0sis - oa�nno�oe July 30, 1986 • r• p ygp�pWON TO: RDC Community Members Immu "COMMMU FROM: Lynn Gabriel, RDC Membership?Relations Director Boyd J. 0000 d. P=Ided Joan Pacaw, vice Prot. J swft SM" vim Pnt. o'ORW IL OA WC; PM REs RDC Breakfast Forums 4%l,f�z1�`y`,,:: SUm ""°E Time: Thursdays at 7:30 a.m. -- 8WMM.E Places Northern Lights Inn UWGL MU 598 W. Northern Lights Blvd. w�,Ho+ema- Anchorage, AR 99503 We'd like to see more of our out-of-town members at our membership meetings. i hope providing a schedule in advance will help you plan your attendance. Please note that the schedule is subject to change. if possible, call RDC at 276-0700 to confirm the program and make reservations in advance. if you just happen to be in town and don't have a reservation, drop in anyway! There's always plenty of coffee and good discussion with fellow members. August 7 Presentation on opening the Arctic National Wildlife Refuge to oil and gas exploration, development and production R M SUM, Texaco August 14 Harvesting timber in the Tongass National Forest For: John Galear Alaska Loggers Association Against: Susan Alexander, Wilderness Society August 21 New Developments on the All -Alaska Gas Pipeline J-Wd Treadwell, Vice President 6 Treasurer Yukon -Pacific Corporation August 28 Report on the Bradley Lake Hydro Project David IL Eberly, Project Manager, APA September 4 Port of Tacoma: Looking to Alaska Larry Killeen, Port Director Port of Tacoma L 6 .. t S-� CO" '"o`*' 1�776.oe NP 7 WINCE•CORTHEII• BRYSON CONSULTING ENGINEERS ►0 Ku. 1041 907-293-46n %o �4*c KINAI. ALASKA 99611 - City Of Kenai ', July 30, 1986 C 210 Fidalgo Job Number: 86-33 Kenai, Alaska 99611 t v �'Z `� 90 oa. �o S� Subject: Billing for Lawton Drive Inspection • Attention: Keith Kornelis i Please consider this invoice for inspection services provided for the subject project. ENGINEER VII 18 hrs @ $58.00 � $1, 044.00 ENGINEER I11 209 hrs @ $40.50 #01 $8,464.50" 108.50 TYPING INVOICES (SURVEYING) 3.5 hrs @ $ 31.00 ✓ $ #86041 (1) 360Crx'1.10 $3,960.00 4/r/Do.p0 C9Q #86041 (2) 7640x1.10� S8;4%-00 S%�1-ee AMOUNT DUE 624-r81. 0g 1? 9 7 7 0 0 &. w If you have any questions, please contact us at your earliest convenience. Sincerely Yours, WINCE-CORTHELL-BRYSON V �.» CASEY MOODEN, P.E. 1 a] J ., A CaQ 'fill. „,,:,� „>-•''J _ n _ i N Cer:ANl ►! '—_--- -- .. ^ - -- - - hie► W Wine* 9 ! 1 :i 1 jt o 1 k MALONE SURVEYING BOX 566 FENAI, ALASKA 99611 WINCE CORTHELL BRYSON BOX 1041 KENAI, ALASKA 99611 JULY 30, 1986 STATEMENT 86041(2) LAWTON DRIVE CONTRUCTION (SECOND BILLING FOR PROJECT) DATE WORK ITEM TIME COST 7/8/86 X—SEC. 3 MEN 4.5 HR � $ 720.00 7/10/86 WATERLINE 2 MEN 5.0 HR 600.00 WATERLINE 3 MEN 3.0 HR 480.00 7/11/86 WATERLINE 3 MEN 3.0 HR 800.00 7/20/86 SEWER 3 MEN 9.0 HR 1400.00 TOTAL DUE FOR 7/8/86 THROUGH 7/20/86 spw—.00 �oo0.po DUE FOR STMT 86441 (1) Are ` j7 e ra� V TOTAL DUE 7/30/86------------------ GH— ALONE RECEIVED J U L 0 1 1906 BOX 566 KENAI ALASKA 99611 - - -- APRIL 279 1986 WINCE CORTHELL BRYSON BOX 1041 KENAI ALASKA 99611 JULY 2, 1986 — STATEMENT 86041 10 1) LAWTON URI 198STRUCTION ' Y DATE WORK 6/18/86 CLEARING LIMITS REFERENCE CONTROLS 6/26/86 SLOPE STAKES .;j 6/27/86 SLOPE STAKES 6/30/86 SLOPE STAKES 'S a TOTAL Y .4 WORK THROUGH DATE OF STATEMENT ` HU MALOWE Ii A ,i • yy 1 �3 11. 3 ti ITEM HOURS AMOUNT 3 5 0 80B 3 MEN 7 1120 3 MEN 7.5 1200 3 MEN 3 480 3600 / , M 7 l t PAY .. a (, /,) , y 9o00. a'o 9eK ESTIMATE 9VF� -077 N0 . V f,, � CITY OF KENAI - -{, Project 1986 LAWTON DRIVE ROAD, WATER, AND SEWER IMPROVEMENTS Contractor ZUBECK, INC. ,.... i Address _ 7983 KENAI SPUR HIGHWAY 1 � —_KENAI. AK 99611 Project No. 86-33 1 Phone — 283-3991 Period From , to 7-27-86 .c A r ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE Original contract amount $349,168.22 �✓ O2 Net change by change orders O3 Adjusted contract amount to date $349.168.22 ✓ ANALYSIS OF WORK COMPLETED ® Original contract work completed $254,368.50 OS Additions from change orders completed 0 OG Materials stored at close of period 6,775.27 O7 Total earned+&O6 n 261,143.77 � ® Less retainage of 10 percent 26,114.38 OTotal earned less retainage 0. -O3 0 Less amount of previous payments 0 11 Balance due this payment 235,029.39 7 d / OL p9Q •.. u• _LJ._ _ ...n,;.,,. lu- Curn.ltl:•J Gy . L L t 1. �t 'L t ' r, ., 1 E- Ll 1 Page a of ._.7_.. PAY ESTIMATE N0:..._T--�___ 1986 LAWTON DRIVE ROAD, WATER, AND SEWER IMPROVEMENTS CERTIFICATION OF CONTRACTOR•'__ Aeeordinp to the best of my knowledge and belief, I certify that all items and amounts shown on the lace of this Periodic Estimate fat Partial Payment ate Coffees; that all work has been performed and: or material supplied in full accordance with the requirements of the referoaccd Contract, and•or July authorized deviationst substitutions, alterations, and/or additions= that the foregoing is a true and Collect statement of the contract account up to and including the last day of the Period Covered by this Periodic Estimates that no part of the Balance Out This Payment has been received, and that the undersigned and his subcontractors have -(Check appoofebse line) a. Complied with all the labor provisions of said contract. b. G s cei tod with all sa it Jabot he labor Provisions -of said contract except in those instances white an honest dispute exists with tor - Speer provisions. (!t (b) fa checked. describe b►refry nature of dispute.) `oo t/ " ;,� .. # •. ZUBECK, INC. u bed Reanunlnl..•�1 •l , 19tz— Title - 7 9 t CERTIFICATION OF ARCHITECT OR ENGINEER - ,j , , _ 1 certify that I have chucked and verified ilia above -and foregoing Periodic Estimator for Partidl'Paylnantt that to the beat of my ••'., ;t knowledF•a and belief it i•t a true and raffvet statemunt ul wauk performed and"nf nlatvrwl 1luppllvJ by the co,nraetart that all work ana *or manrial include ! m this PrrnlJia F`etimaty horn born tn+pectcd by me and of by my Jute authutitvJ f ' t Ittesefnattve of l a.ni•luntn and th.tt it hen been parulfmaJ a J '.v nurplieJ in full a.corjancu with requirement 6.W the rrtrn•nca contra,; and ' this , arttet a mom c{aim'd and tequvsteJ by the euntractur is cutra'clly computed on the basin of work pvtlurmud anJ•bt state. tial wpplowp data. IA/c n, el ,I► vnl"now"WINCE—CORTHELL—BRYSON 1 t Mite July 30, 986 1. .! PRE•PAYMEttrCERTIFICATI.ON BY FIELD ENGINEER "ai l'hrca ft'Pr ,rt trermrnr ♦erflNedt - •i Ilera• rheala'.fill, a•♦tfa t filtm..1 r'.1111+f llla• C .}i. ontf.wt.M , Sehr,hlh• of At"411111f+ f,.f 17a411fave f lvntenla. the nalc%.and fareft% of my i L In+ta•: tl•Nlr ,4 I4 1`!•Ilra 1.., 111 the I'rf N•.14 Ia1'. •rfr •Yl•1!Ilt1\•.1 I•\' file-df.A1lleal e11►1aa•a•f. It1+ m\• JI`IIIIon flat ilia' +tetrmrns art 'AWL 1•91l.`tn'f 1 Ails of nletrrf.11+ •1/1.1.11:'.i 1• A.'eilt.ltt•, tI1.It lilt a•`Illfeela`f 1♦ Hhwf\In,: she fequlta'ma•nti of the eomrA:t, •tau tl%Af 110• a-t•noto",tf ♦lioul.1 vv Qel.l Ij:v anl..ullt frqur+rad .11`0\r. ;. .:, .... .. ++ 1.,ftih It.dl d.. A.•rw Alla Pr 1:.11,'fla{. ,111.2,1 :ha arnthl.l lien aan IINI••+} J h III, a s un on 1 u tt 1 h n rn a J .Iaa�•t.1Jn.-a will/ IM• fa•y 1h'tM•Ilf+ of Ina' a,711fJ.:. •►a • N an •t a tor. �• t r .,. ,. _ July 30, 1986 ly,r:a ►.ar,n.orl WINCE—CORTHELL—BRYSON A -TLY- 30, 1986 osfr 1 • � UNITED STATES BANKRUPTCY COURT is 4 FOR THE DISTRICT OF ALASKA (f In the Matter of: D & A SUPERRARKETS, INC., 1 1 *. Debtor. ) d' ) Case No. 36-00142- ) I Debtors(s). ) i NOTICE OF APPLICATION FOR ORDER OF fi IMSSAL k IN,, CONVERSION OF CASE { .�. 3 Notice is hereby given that the undersigned has made application to the above entitled court for an order CONVERTING the above entitled case from a case under Chapter 11 to a case under I Chapter — Zo'EDISSLti�G{tI►d3ii�i{i�t"ksCSs�e?�The application is based upon the following: Losses of the Debtor's operations during I"arch, April and iial 1486 which are not likely to bereversea. ti iS $ Further take notice that if you object to the ®19Q1i1IMUCONVE%SJON of this case that you must object in writing on or before the 8th' day of ..August , 19 by filing your written objection with the Office of the Clerk of the above entitled Court at 701 C Street, Box 47. Anchorage. I'r i Alaska 99513 and serve a copy on the undersigned on or before said date. SHOULD YOU FAIL TO SO OBJECT OR HAVING OBJECTED FAIL TO TIMELY REQUEST A HEARING. PLEASE BE ADVISED THAT THE CASE MAY BE DISMISSED OR 6 � CONVERTED WITHOUT FURTHER NOTICE T ,F The application for Order ON N V ERSIO av to ed at the of ice ofthe Clerk at Room A 110. Federal Building .S. --urtho C A h rage.Alaska orat the office of the undersigned. DATED: *Unless otherwise ordered. not less than 20 days after the mailing of the notice. l LFI - 6 84 ,j t David H. BunU (Typed Name) Attorney for U ecur Creditors Con-mittt' (Title) r uess & Rudd j 510 T- =Pet - R»+ r-e 700 (Street Address) Anchorage, Alaska 99501 (City. Alaska) i -- A, G, w CITY OF KENAI '. ��,� �`v ry 3 a} FIRE DEPARTMENT _, " 105 SOUTH WILLOW STREET a j� i�'' rJY ►��r ff KENAI. ALASKA 99811 ;* . r,�I ?"-'. • {907) 283.7888 ' s. July 16, 1986 t Kenai Medical Center, Inc. ATTNs Dr, Peter 0. Hansen --- Benco Bldg. 11355 Kenai Spur Highway Kenai, AK 99611 REs EMS Contract Renewal As stipulated on page 2 — section 3 of our existing contract we are requesting the renewal of the contract agreement with special .attention focused on section 2 of page 2; we would appreciate a minimum of one (1) written report every six months stating the programs progress, faults and future - — goals. If you care to renew the contract as stated above for the '." 1936 — 1987 fiscal year at the annual fee of $6,000.00 please sign below and return to the fire department. _ i I J. BlUghton Peter 0. Hansen, M.D. ' City Manager Medical Advisor City of Kenai Kenai Media] C, to Date: %—�?,f-�o Dates / n AI/Kh t _ s 5 , pa . V NFo -31 Submitted by: Assemblymen Walsh. Bradley and Evans Prepared bys Municipal Clerk's Office For Introductions June 24. 1986 ANCHORAGE, ALASKA RESOLUTION 90. AR 86-136 A RESOLUTION URGING THE ALASKA CONGRESSIONAL DELEGATION TO INITIATE ACTION TO DETERMINE THE STATUS OF UNITED STATES SERVICEMEN AND SERVICEWOMEN MISSING IN ACTION OR OTHERWISE UNACCOUNTED FOR. WHEREAS. more then 3,000.000 Americans served in Vietnam during the Vietnam War; and WHEREAS there are many unaccounted for, over and beyond the more than half a million killed or wounded in action; and WHEREAS, reports continue to surface in the International media of 'A. � sightings of Americans; and WHEREAS. the Government of Vietnam has apparently chosen to ignore established International Law regarding the status of prisoners of war by h. refusing to divulge the names or the status of American service personnel Imprisoned in Vietnam; and ' WHEREAS. the Vietnam Veterans of Alaska, and other concerned civic groups and citizens of Alaska have demonstrated continuing and growing concern at the manner in which the United States Government is addressing this 1, situation: and WHEREAS, it is the determination of this body that this tragic situa- tion requires the immediate and thorough attention of the U. S. Government; 1 -- .� 3i `j: L - --- &--- - - - 1 P.'t 86-136 Page 2 a 6 . . NOW BE IT THEREFORE RESOLVED, that we, the Anchorage Municipal Assem- bly urge Senators Stevens and Murkowski and Congressman Young to do all things In their power to determine the status, and seek the release, of all Americans being held prisoner in Vietnam; and BE IT FURTHER RESOLVED, that by copy of this resolution to all City _- and Borough Clerks in the State of Alaska, as well as the President of the Alaska Senate, and the Speaker of the Alaska House of Representatives, we seek their help on this, and urge that they too pass resolutions asking the Alaska Congressional Delegation to act on this matter: [' PASSED AND APPROVED THIS 24th DAY OF tune , 1986. 'J //Jz4 Chairman C LN a] _i n r) I Li A. t � ..._. ...... .._ .y City of Delta Junction Delta Junction, Ala%at ')t)7-,7 007 895 • 4656 The North End of the Alaska Nughitin CITY OF DELTA JUNCTION RESOLUTION 86-27 A RESOLUTION URGING THE ALASKA CONGRESSIONAL DELEGATION TO INITIATE ACTION TO DETERMINE THE STATUS OF UNITED STATES SERVICEMEN AND SF.RVICEwOMFN MISSING IN ACTION OR OTPERWISE UNACCOUNTED FOR, U11ERRAS more than 3,000,000 Americans served in Vietnam during the Vietnam War; and WHEREAS there are many unaccounted for, over and beyond the more than half a million killed or wounded in action; and WHEREAS reports continue to surface in the International media of sightings of Americans; and WHEREAS the Government of Vietnam has apparently chosen to ignore established International Law regarding the status of prisoners of war by refusing to divulge the names or the status of American service personnel imprisoned in Vietnam; and WHEREAS the Vietnam Veterans of Alaska, Delta Junction, and other concerned civic groups and citizens of the City of Delta Junction have demonstrated continuing and growing concern at the manner in which the United States Government is addressing this situation; and WHEREAS it is the determination of this body that this tragic situation requires the immediate and thorough attention of the U.S. Govern- ment; NOW THEREFORE BE IT RESOLVED, that we, the City Council of Delta Junction, Alaska, urge Senators Stevens and Murkowski and Conpressman Young to do all things in their power to determine the status, and seek the release, of all. Americans being held prisoner in Vletnan; and $E 1T FURTHER RESOLVED, that by copy of this resolution to all City Clerks in the State of Alaska, as well as the President of the Alaska Senate, and the Speaker of the Alaska House of Representatives, we seek their help of this, and urge that they too pass resolutiorr nrking the Alaska Congression- al Delegation to act on thiF matter: L t, Resolution 86-27 . June 2w, 1986 _ A so 1 � Passed and approved b a duly constituted r{ pp y y quorum of the City Council of .t Delta Junction this Nth day of .Tune. 1986. Mary A. Leith Dowling, Mayor 4k,4< . �/,'-'. - - -..... Frank W. Geiger, Mayor Pro Tem Louis E. Heinbockel, Councilmember�i�.u�/f��...•<w�eX : } Leonard A. Lemon, Councilmember ' "- Ti-_.- Donald Cox, Councilmember�� Frederic T. Ready, Councilmember Glen Wright, Councilmember A. •• `i ATTESTS Sharon L. Waldo City Clerk/Treasurer IA --'ice ---.--0 ..__. _. it _ � .. .. � _ •, - - t �. j a Ij • w - By: Juanita Helms j Joe Sltton Introduced: 06/12186 Adopted: 06/12186 RESOLUTION NO. 86-044 + A RESOLUTION URGING THE ALASKA CONGRESSIONAL DELEGATION - = -- - - - ' - -- --' TO INITIATE ACTION TO DETERMINE THE STATUS OF UNITED STATES SERVICEMEN AND SERVICEWOMEN MISSING IN ACTION OR OTHERWISE UNACCOUNTED FOR WHEREAS, more than 3,000.000 Americans served in Vietnam during the Vietnam War; and - i ` WHEREAS, there are many unaccounted for, over and beyond the more than half a million killed or wounded in action; and WHEREAS, reports continue to surface in the International media -. of sightings of Americans; and WHEREAS, the Government of Vietnam has apparently chosen to ignore established International Law regarding the status of prisoners of " war by refusing to divulge the names or the status of American service . personnel imprisoned in Vietnam; and t 4 WHEREAS, the Vietnam Veterans of Alaska, Fairbanks, and other concerned civic groups and citizens of the Fairbanks North Star Borough i have demonstrated continuing and growing concern at the manner in which the United States Government is addressing this situation; and 5 - WHEREAS, it is the determination of this body that this tragic '. situation requires the Immediate and thorough attention of the U.S. Government; NOW BE IT THEREFORE RESOLVED, that we, the Fairbanks North Star Borough Assembly urge Senators Stevens and Murkowski and -. Congressman Young to do all things in their power to determine the 1 status, and seek the release, of all Americans being held prisoner In :+ Vietnam; and .i` _ ;; t r t BE IT FURTHER. RESOLVED, that by copy of this resolution to all City and Borough Clerks in the State of Alaska. as well as the ' President of the Alaska Senate, and the Speaker of the Alaska House of __. Representatives, we seek their help on this, and urge that they too pass - 'resolutions asking the Alaska Congressional Delegation to act on this matter: - ' PASSED AND APPROVED THIS 12th DAY OF DUNE. 1966. Presiding 070cer ATTEST: Aw 0, clerk of the Assembly 'i. i iS t Resolution No. 86-044 ` i Ir r Po -3a t CA w ti i 00 44 (44 wl 3 1;- 41 ad { ,t Al .rt - 4 f L ti n k July 21, 1986 yNGU-33 CITY OF KENAI -Del eajaW 4 4"., E10 FIDAL00 KENAI, ALASKA M11 TELEPHONE 203- MIS /A TO: Council _ 1 vJ�' FROM: Janet Whelan City Clerk REs Ord. 1149-86 - Landscape Ordinance i he At the July 16 meeting, Council passed Ord. 1149-86, without t _. amendment suggested by Building Inspector Hackney and Landscape :.-- Board. 1114.25.090 Penaltiess Penalties for non-compliance with ' this chapter shall be as set forth by KMC 14.20.160." This ~? chapter is in the ordinance as passed by Council, but was deleted :�- in the ordinance as recommended by Mr. Hackney and the Landscape Board. This memo is to notify you of the difference between the two ordinances, as there have been many amendments and discussions on this ordinance and I wanted Council to be aware of the final -J regulations. jw f , , I , v �� F • E Y i . IT ' E - - i f ' { ,i 4� i v r � S r) Nelson July 309 1986 City of Kenai 210 Fidalgo Street Kenai, AK 99611 `04 E ct STRUGTL ;A 99911 I To SATE C�N6&. r#%J orAv F_J A-J-_t� Pti_� aos' X Y7,h9Y, 20 �9Y9b:2o 20Y 6rY96. a yo,9,?S. jr/ Zy, 960• yo .toy 7,A&•r9 -- �sos,s9 /i/oiro,00 12$P3d.aI 32,/br, 99 08604 - KENAI BOATING FACILITY PROFESSIONAL SERVICES 6/21/86 through 7/15/86: Principal Engineer 76.0 Hrs/$75.00 Draftsperson 105.0 Hrs/$35.00 Clerical 1.5 Hrs/$25.00 / MISCELLANEOUS EXPENSES: $5,700.00 ✓ 3,675.00 37.50 ✓ Tryck, Nyman, Hayes yoW,9/ %r/./ 4,448.30 William A. Kluge & Associates / 36� •O9 "r I 1,501.50..-",/ KBA, Inc. �3/9,6v - / 3,651.56 ✓ Mileage 11.00 P A. S' / 5.87✓ 5.t j Telephone 47.03 71.98 ✓ ►._.'u_- Printing (AK Kwik Kopies) 6s. yyx I, / �I Water Rights Aplication Fee 56.10 BALANCE OL)E: __ $19,205.84 n A; I i i i rOR LvJwi iL mia is w .r �- [� buy mU►• --•-•V ........, ubdc works ---.� .�.1 �.• Qrialn� Council OK C J43 (]la ------ .k• -•• is IN 0 • l F S i 78MONE 109 MUNICI►At WAY, wtn 301 (9p7) 3S6 7325 JUNEAU, AL45KA 99W, I!, , r , �DDENDDM July 15, 1986 The aneloaed July 13, 1986 "Special Bulletin" was developed primarily to provide the membership with the responses of the primary candidates for governor to the "AML Gubernatorial Primary Candidate "ationasire." This addendum is attached to mks members aware of additional information of interest to municipal officials, including information enclosed and sent in the packets with the "Special Bulletin." An AML umletterr is at the printer. AML Annual Conference Flyer Enclosed - Copies of the advance registration flyer for the 36th Annual Local Governm"t Cosferencs are "eluded with the "Special Bulletin." Am's Annual Conference is hosted by the City and Borou& of Juneau, November 12-15, 1986. AML members will save money and time by registering before October 30, 1986. Conference and hotel details will be published in the AML N_ ewswleeter. NW Annual Conference FiYer Eaelosed - A brochure announcing the National Leaps of Cities Congress of Cities and Etpositics 19869 'The Gateway to America's Future," is enclosed in this ailing. The NLC annual conference is being hold to San Antonio, Texas, November 29 - December 3, 1986. In addition to the important Volley discussions and informative workshops planned, the location to especially significant this year because the conference will mask the culmination of the NLC Presidency by San Antonio Mayor Henry Ciaaeros, and the 150-yeas sssgniesatenaial celebration of the State of Tom. For more information, contact AGO, or MLC Conference Registration Center, P.O. Box 17413, Dulles International Airport, Washington, D.C. 200411 (202) 626-3200. Tax Reform soon - Also enclosed is, perhapa, the last possible, "request for action" on letting our representatives to Washington, D.C. know the important concerns to local governments now that the House and Senate conference committee begins their cork on ironing out the differences between the House and Senate bills on federal tax reform. A comparison prepared by the National League of Cities to included. Work with your flounce officers and bond coutiel and provide our Senators and Congressmen with specific infomation about the impact of the various proposals on your municipality. Life Safety We Semiasr - AML Insurance Program broker, Prank B. Hall 6 Co., in conJunction with the National Fire Protection Association, is offering a seminar on the 1985 edition of the Life Safety Code. A flyer sommcing the details of the four day seminar, October 1.4, 1986 is included with this mailing. par fastber information, contact Bill Weaver of Noel Lamothe of FBH in Anchorage at 274-2662. Job Aonouucementst Harbormastar. City of Holaaa. Applications being accepted until July 28, 1986. Please send to the attention of City Clerk's Office, Post Office Box 1049, Halaes, Alaska 99827. For further information call 766-2231. MQMelR OF THE NATIONAL, l6AOU6 OF CITIES ANO TNR NATIONAL ASSOCIATION OF cowries 1. • f j{ i a, a � ft Special Bullet$9 - Addendum -2- July 15, 1986 General Nsaagar. Central Peninsula Sports Center, Soldotna, Alaska. Position responsible for operation and promotion of $4,OOO square foot sports sad convention complex with 2,500 seat international sited tee arena, 4,500 square foot convention center, racquetball courts, and weight room. Applicants need to have management_ 1 experience in operation of like facilities and a proven record in marketing such facilities. Salary depindent on experience. ,Apply by letter and resume to Rink, Inc., Post Office Box 3399, Soldotna, Alaska 9%69. Deadline will be July 31, 1986. Ramat for Proposales Kodiak Island Borougb. The Borough is requesting proposals f m qualified firms and individuals to provide the Borough with economic development assistance. The selected firm or individual will be required to work out of the Kodiak Island Borough offices on a full-time basis. The Borough will provide office space. The services will be required for approximately one year (to June 30, 1987) with possible renewal of a yeas -to -year contract. In general tome, the selected contractor will be expected to provide the Borough with economic development assistance. Specifically, the contractor will: (1) Provide staff assistance to the Kodiak Economic Dsvelopesnt Commissions (2) Serve as Borough liaison to the Kodiak Area Native Association's Overall Economic Development Progrims Committees (3) Prepare and implement a Borough -wide economic development plan that establishes criteria for the Borough's role in comaroaity-wide economic development, identifies economic dmlopsent options and opportunities for the Boroughs (4) Research, analyse and make recommendations on specific ecasomio development projects, with regard to Borough involvements and, (3) Actively encourage and support sconcmic development In the Borough. The proposal should include a detailed work program and budget. A eta teaent of qualifications and experience abould accompany the proposal, which should detail a proposed work program. Proposals should be submitted by August 1, 1986, addressed to the Mayor, Kodiak Island Borough, 710 Hill Bay Road, Kodiak, Alaska 99615. Ike Kodiak Island Borough is an Equal Opportunity Employer. ON n; qA- 1G1.I Required/ CAW. WASHIN M 0 TAx Rawl Kl July 13, 1986 the Rouse and Senate conferees to develop a compromise tax reform package are to be announced today and will soon begin noting to iron out an acceptable bill to sake significant revisions to the federal tax code. While the An supports the revisions that will simplify the tax code, ad to make it more equitsbie, the Board of Directors to on record with a resolution (mailed prevtomsly) opposing some Of the proposed Chan as it affects municipal bonds and the deductibility of state and local taxes. Please contact Senators Stevens and Murkanki and Congressman Don Yang now, and let them know the impacts of the proposals on your community. on the back of this ammo is s comparison of the key proposals affecting municipalities as printed in the National League of Cities publication, Nations Cities Weekly, June 23, 1986. 1 think it is safe to say that the issues and positions outlined by the NLC are those of the AML and municipalities in Alaska. Use this - information to work with your finance officer and bond counsel to determine her the proposal$ would affect your smaieipality, specifically, and let our delegation in Washington know. Send copies of any written comments to the AML staff in Juneau. By the way, when YOU write or telephone D.C., remind them again of the need to reauthorize and fund the federal revenue sharing program at the $4.6 billion dollar level as called for in B.R. 1A00, am awaiting a hearing on the floor in the U.S. Rouen. The National League of Cities estimates that the bond provision debates will center around cost. The Joint Tax Committee has estimated that the Rouse bond provisions would save $3.09 billion over S years, while the Senate bond provisions would loge $1.7 billion compared to current law. However, according to the NLC, the U.S. Treasury staff reports * Neither the Hones nor the Senate minion tax raise significant ceves►aea on bonds. * She Roux redefinition of traditional public purpose bonds (the 10% rule) raises negligible revenue. * as Rowe and Santa rebate and advance refunding requirements would bring in between $800 million and $1.5 billion in new revenue. * The Rowe provision to eliminate the bank deductibility for the purchase of municipal bonds raises virtually no now revenue. 2hMfors, municipal officials can tell our delegation sobers that the municipal platform in the bond amen, outlined by the National Lague of Cities on the attached comparison, would have, at moot, "a minor cost impactM according to NLC. for more information on the bond propomals, contact AML or NLC at (202) 626-3000. ALM MMICIPAL LEME o 3M MmicIPAL WAY.- SUITE 301 o JUNEAU• AMKA 9MM 0 (99) %6'IM 0 L 1 ur 8 a t�� t Ri r e'r ► r 1�� ( 1 �Of 1 lit I �L���i [� f at �Lo =til ��ttt d`t it ' 1g' $�� ��� R!i ia i1 R 11 L F i t1 0 its IIs till L t e Ll ill I 1 1 Is 1 i a ��`� .� r 1 l L 19 r It t! i= ��tt( t it r :11 ,fill ,t 1.0 0 111 r � RLl I ills Its � I:` t Otis 1 I r�I� aimitR Lr fir t 1 t 1511 L 0 o� N I i I{ 1 . 2 NRTI ONRL FIRE PROTECTION RSSOC I RTI.ON'S SEMINAR ON THE 1985 LIFE SRFETY CODE, NFPR 101 m A ne�prehenive senior rer ovoryane who nosh a knewhhW of, or w who a the I= edition of the Life Safety Cade*. TMs Is the sass seminar mermally taught by 1N NFPA*. however, it has Non =difled slightly to more reflect the interests of Alaskan. This smier is balm cvvesesered by Frank G. Hall & co. of Alaska and the National Fire Protection Association. and Is being offered at a too loos than that charged by Do NFPA*. Tim sestlaar Is a fell four darts, ad Continuing Education Units WE= egwiiteg Z.O. will be awarded for ssccessfld coommuss. which Is a standard practice of the NFPAo. These who, should attend an: Architects and Engineers. Building ad Fin Officials, Nglth Cars Safety Persaw . and any othm whose responsibility include Fire ad Life 8af�ty. As a participat you will receive: 1) A cam iste copy of the 1905 Life Safety Code 2) A participant rnamsei with diagraumse onsreisss and ample span for notes 3) A prtUicato of ottaadace . 41 Aed Continuing Education Units. The instrueten rer the sesrior will be provided by the NFPA*. ad are qualified 101 C911441 professionals. we are pleased to announce thot 11r. John F. Bolu ns. PA. Past Presidat 1 00. will be sue of sur Instructors. der. dobreas is a Cade i Firs Protectim Cue ibmi h4a Ihr R$a Bosch. Cal. Me Other quaiifieatlons are: Vic"heir no NFPA Safety To Life Coaaittos: Chairmen, NFPA Subeamunitise a Hoes of Egress: fWabor NFPA Standards Council: NFPA 0 , -sedative to Odic tU. oehress has agreed to field any deestions pertaining to variations bstwaon the Unirars Baiwim Coos section so Life Safety. ad the NFPA 101 Cods*. der. Oebress. being a Pat President • ICOO. is knowledgeable on both codes. Tian will be set aside during the seiner far this pwooss. no saWsor will be held the wont proceeding Me Governors Safety Comforence. The specific dates of the NFPA 1010 SMNW are on tins nest epose which should be retained far the Important lefe matienal dote and seslsor details Contained threw: INJ L L j (a • ' 3 NFPA L I FE SAFETY 000E 101 1 Sow/nor dates art Wednesday. October let thro Saturday, October b, 19861 Check in ties is 7'30 a.m. The 101 Seminar will be held at the CLARION HOTEL." located at' 4800 $passed Rd. ri Asohorego, Alaska 111517.3234, ff .� (l071 243-2100 f (Note, acseommdatiome are not the responsibility of NFPA or Frank S. Nall A Co.) The seminar too is to be in Check fore and made payable to' Frank S. Nall • Co. of Alaska i $10 L Street, Saito 200 Anchorage, All 99501 The too should be sent to the attention of Sill A. Veaver and noted to be for the 101 Seminar. The semiear fee amnmt to as follows' ' Discounted Earlv Payment' i $370.00/most be received by August 29, 1986 s pevment Received After Above Date' =440.00/must be received by September 26, 1906 Al (Wools and hotel charges arm not included.) ;i For further inferwtiom please contact Dill Weaver or Wool Lesotho of Front D. Nall i Co. at (907) 274•2"2. No arc looking forward to seeing you at the first continuing education seminar sponsored by Frank S. Hall A Co. of Alaska. We at Nall are committed to oaeoilonee in safety sod loss control and will contimso to bring similar progress to Alaska to the future. This Molnar is designed to accommodate a predetermined number of participants. The registration is on a 1 first tee received basis. All registration forms and seminar fees received after the attendance limit is reached will be returned promptly. .J .. • • • • . �. . . . . . . . . . . . . . . • . . . . . . . • • • • i REGISTRATION FORM (to accompany aeminer tee) Fiem Nose$ individual Mama: 1 " Addross' r- Contact Tolophone I' I ,.___--- - - -- ' This Enclosed is • chock for the amount of =��_. made payable to prank S. Mall l Co. of Alaska. - - _ --- --- is for the NFPA 101 Seminar to be hold September 30 thru October 3, 1956 it the Clarion Hotel in Anchorage, Alaska. I understand if the seminar is filled prior to this regristration tee being received, my payment will be returned in full. Signed' fi - MIS1NVION 11101 DATES II�BT Oai 0111M OCT. 1 TNRI 0R. • i s , i; i .iS s . -- A, SAlPl) - 36 Tili?NOKS 105 MUNMCIA/ WAY, SURF 301 (907) W1323 NJNtAU, AL4%A 9WI (907) 5 6S26 CUBERNAMIAL CANDIDATES ON LOCAL GHTAKHM ISSUEB July is, 1986 This ANL "Special Bulletin" will provide officials with the over 117 member municipalities and 70 mamber organizations with the viewpoints of the Alaska gubernatorial primary Candidates on iaanas of concern, to local gmvemente and all Alakans. While the AHL is a non -partisan organisation, the beliefs and values of the individmal who is elected governor will translate into policies t:1at will affect the lives of all of us, and help determine the future relationship between the State and her political subdivisions. 1►a following questions ware developed by the Board of Directors and sent, June 23, 1986, by staff to all 11 of the Candidates who filed for the gubernatorial primary election on August 26, 1986. The candidates were asked to respond by July U, 1986. The following candidates had submitted written responses to AM in time to be published in this Bulletin, July 15, 19861 Ryal White (D-Anchorage), Joe Hayes (R-Anchorap), Bon Somerville (R-Juneau), Bill Sheffield (D-Anchorage), Steve Cowper (D-Fairbanks), and Arliss Sturgulewki (R-Anchorage). gr ttoo oil Soma see a disparity between how the State of Alaska treats residents in incorporated cities# boroughs and unified municipalities, mad residents in the unorganised borough and in unincorporated communities. The State provides most local services in the unorganised/unincorporated area (at the expanse of the statewide taxpayers), while denying the acme services in incorporated municipalities, or paying only an ever-decrouing portion of theme wrvices. What era your thoughts on this? Whiter Basically, in question 01, you answered your oun question, (at the expense drthe statewide taxpayers) we have on statewide property taxpayers: We must bring back statewide Income taxes. This will help to mature two thingst 1. keep services where they are needed{ and, 2. assure local or resident hire. Heyesm Then are certain basic services I feel state government has . an, obligation to provide to all its j citizens. That include a high quality education system, public protection, a coordinated transportation synsap care -for those unable to. care for themselves, and a climate which fosters s healthy private economy. Government has an obligation to help provide that is boththe unosganiaed borough and in incorporated cilia and boroughs. .However, I would like to see greater effort towards establishment of incorporated cities and organizod boroughs such as the new borough in the Nana region. Through development of our resources we can j create new fob opportunities throughout areas of the state which are not organized. With now jobs comae the !; -9ppo" sty for local residents to contribute to providing local service. As state "muse decline, the t; �%urdan to provide those services will fall to a greater extent on local citizeaa, and establishment of formal ji govern ants in raw unorganized areas will help to meet that aced. .s: "C L n L I r I ki �_, r -I July 15, 1906 , Special Bulletin " 2 " Somse+illet I believe the Governor should adopt a firm policy which in essence encoursges those portions of the state with an adequate tax bass to incorporate and assume same of the responsibilities which were intended by the Constitution to be granted to local eunieipalitios. Continued fiscal and adolnistrative grants to smiecosporatad cassunitles continues to discourage incorporation and should he reduced. I feel i that there will continue to be a major portion of Alaska's land mass under the unorganized Borough, as provided by the Constitution and the statutes, for a considerable length of time. t Bfaeffteldt as state strongly supports the evolution of boroughs and incorporated citiea. on July 4eh of this year, I participated in the dedication ceremony of the newly formed Northwest Arctic Borough. I will continua to support the formation of organized boroughs and incorporated cities whenever there is a reasonable conmal among the people involved, and when there to a tax bass available to support a larger +F degree of local autonomy. it is by such development of new boroughs that Alaskans take on a larger measure of local control and. reduce their dependence on state government. Such Is the intent of the Alaska 1 , Constitution. } The method of the state'e treatment of residents of incorporated cities, boroughs, and txtified municipalities and residents of unorganized/unincorporated areas is spelled out by state law. The state legislature acts se the aeoembl gi for the unincorporated cress{ consequently, the leslature's relationship with the unorganized and unincorporated areas to somewhat aces special than with other ccsmunitles. i Cowper: I think the proper role of government is to provide a basic level of so -tailed traditional services to all Alaskans regardless of where they live. These include education, public health including basic medical cervices, cis= water and solid waste disposal, a stable set of regulations, public safety including c police and fire protection, and resource maasgsmeat. Thrafgh a boat of programs, the state to already paying for these services in moat coesunities. Beyond this basic lewl, I believe It se the local govermmeut's responsibility to generate revenue for any F additional services residents want. Recognizing that not all commtnittes are at equal stages of development, I think communities with a strong tax base should contribute more toward the provision of local services than those with little or no revemte-generating capacity. S I an a atrI supporter of local governmant and believe that Glace it operates at the love' closest to the le, local government officials are in the best position to determine the needs of their comsttttity. I +i peoples tbink that whan residents want the*, the state should encourage the formetiOn of local governments throughout Alaska. Those governments should be the princlpa'L vehicle for providing local services, facilities, and �. policies. 8tneglalswskit The state does provide many basic services in the unorganized areas of the state. This is a i responsibility outlined in Title 29 of the Alaska Statutes which requires the state legislature to serve as the assembly for the unorganized borough. The state should work with private enterprise and total 4 ecsmusities to help develop local tax bases which support incorporation. { on a per espits basis, citizens within incorporated communities receive a much 'Larger percenuso of stronger state spending benefits. Residents of incorporated co ontrol -- a greater say of Mint and how things happen eun�itiine it aoaantaity or borough.lso enjoy thebeneff on balance, tMi c s be trade-offs bated on aiaparity that you sugpst awry be more perceived than real. TheAmwill alway population density, .but any "balance sheet" developed will show incorporated communities the greater beneficiaries in ta$ of total state expenditures and local control. rs - ggetlon ON Nmding for the state revenue shaft and-eunicipsl assistance .program received greater_cuts ` in the approved FY 97 budget than did the stats'e operating budget overall# if you wan forced to recommend ---- a Sb raductio6 IV eta spending, how, would you- that the two principal local ggvecmmt support programs_. (excluding schools)? a. Increase them to loop local taxes down. b. Freese them at currant levels. o. Reduce than 3%. d. Reduce tho more than M Aced, why? L L L i r �• 1 Special Bulletin 3 July 1S, 1986 i Whites I believe the answer to 01 also relates to this question. � 6 1tlayes� I would reduce revenue sharing and municipal assistance by 5%, With declining state revenues, local However, govsenmsnto must be expected to share the burden of re-examining and stresslining services. but consistent with the general percentage cut reductions to state Asotgtance, if noaded, should be gradual ( from the owrell budget. damsrvillee I would try to maintain the state revenue sharing and municipal agsistance Progress at the Many of the most critical government services are provided by the �cistim; 1"*Is for so long as possible. municipalities and the Incorporated communities also pay the "Set taxes. They shouldn't be further U penalised by cutting off state assistance. See number 3 for more insight into sy feelings on this subject• - Sbeffieldo Alaska Is an unusual sues in that roughly half of its entire Operating Budget serves to keep local taus down. If this were not true, Alagkan'@ throughout the cities and towns of Alaska would have much local tax burden down is one of the most effective higher tax burdens than Way currently have . Keeping the do for developing strong local economics. Hq aMtinlstration to strongly things state government can committed to that course to designing the Operating Budget. we ride a roller coaster of However, no one In the Alaska MuniciPal 4ague needs to be told that more dip then the majority of responsible - fluctuating oil prices, and that the ride bag taken a precipitous experts expected. A%sworing options a. through d. would make more serves in an economy that is sore stable than ours Governor. But, at ths currently isl a stable scow" is a goal I have pursued throughout my tenure as will be no cuts below a certain moment, it would be futile for anyone to say with certainty that these I would urge the AML to look with suspicion on anyone who makes that sort of statement. :4 amount, and 1 Cowpert With the growth in Alaska's oil wealth, there's also been an enormous growth in state programs. Or from the state in 1967, but up to 75 5 p, example, Atoka municipalities received 33 percent of their funds percent in 1980. Now, we @imply cannot afford the some level of government and so some programs will Mve to be but the be art or eliminated- I think assistance to local governments is one area which will have to cut, hf aeetal amount depends on the state's overall revenue picture. gtolvaswakii Note pal :avenue chewing programs will be oaa of the last areas I look to for any significant budget cutting. I am, and always will be, a strong Proponent of municipal revenue sharing as a major element in the state and local government partnership. Alaska's diverse challenges, in particular, require unity of state and local effort. Budgets Mgt be prepared on the basis of need and "spending smart" rather than imposing predetermined across the board cuts. A viable municipal revenue sharing program is a major element of the local -state partnership and moat be maintained. onst,oftair Alaska has bean one of the states that bag bad a close working relationship between state and s dealing, stresses are developing, and affirm adversarial do local government In the pest. Mowever, ss revenueo relationship is developing. Bag this concern you, or is it natural? If It Concerns you, Yse about It? whites I believe the answer to member i also "totes to this question. -- --- Repeal With declining revenues these must develop an even closer working relationship7-betwean state. ad local. gows*men". By working together we on best identify and target duplicative services and determine a which government to best situation to provide that service: -AdditloaAlly-, sty Plan to. One" now .atonomie- opportunities is based on a alga* working partnership between state and local governments. I intend to go to local goveri nto and ask what opportunities exist to crest* now jobs and opportunities for their residents. Shen, of those pogsibilities, what do the people desire. OeCe that's determined, I expect to use state government to rown obstacles which #toad in the way of desired economic development. To aecompliah this j goal, there mast be a close working rsiationahip between the state and local government*. Ws rise OWat t.. close relationship to prioritise and fund capital projects. I also see development of a close relationship .j to lmpias>eat effective utiiismtio» of pees through grants for delivery of social services in local areas. Bncourstles that relationship will be a top priority for my admintgtration. High administration officials <<, will be charged with actively fostering that relationship And maintaining effaetive Cagmuniestion two . government*. is t t. 1: c 9 Special Bulletin -4. July 13, 1986 Somnwillsn It is obvious that Increasing Strafe Is developing between the State and the local municipalities as revenues decrease. I propose to Immediately start the process of prioritizing state governmental services. I m also proposing to involve the municipalities More directly in that process. Not only will the A local governments haw direct input into the capital budget, but I propose that they participate In prioritiaing state goven meatal services provided in the operational budget. This process will allow the Governor to Include municipal needs Into at least a four-year budget plan and it will also tend to reduce soma of the present operational and capital budget pork -barreling. Slnffieldt I am pleased that the Alaska Municipal Lesgue describes the past relationship between local and state gowraaent as "Glossal that has been my goal. i look forward to maintaining that closeness: But you correctly point out that declining revenues can bring Increased stresses. No doubt about it. Ent I might point out that stress also resulted when the state had the opposite probleml I.e.ann enormous surge in revenues. Thera was a Sad scramble, as you all remember, to divide up the money, and raeulted from that expsrisuce also. So I would answer by saying that the presence of stress by itself does not concern me, nor does a healthy degree of competition. I am aware that there has been a good deal of criticism from the Mnieipalities regarding the Mderstnding by the State of the property tax exemption programs we administer. Those criticisms have been aimed almost exclusively at the Legislature. Cowper: Yea, it does concern me. And i think there are some things we can do to help correct the situation. I would direct my commissioner of Commity and Regional Affairs to regularly seek advice from AML and other local government oigeaimations, and especially when developing legislation or funding- proposals that would affect local governments. I also favor C6RA returning to the local government advocacy role it has had in the past. Sturplemkit These is no room for an adversarial relationship between the state and local governments. Site lofting partnership between the two fixes responsibilities on both parties. The state must support local platming and problem solving and, in turn, local governments must support the development of state priorities. Some stress is expected as revenues decline. The positive aide of this is that we ail are forced to "mine our needs and priorities to justify them in the context of our responsibilities to both local and state aconamic health. No candidate bas a atronger record of commitment to local government than I do and I will continued in my dedication. Question 44t Ia the past few years the State has taken actions that have increased the cost of local gowVMMt (a.g mandates), often without involving local officials to the deliberations, or fully reimbursing local govarnments for the cost, or loss in revenue. What is your philosophy about this? We are looking for more than, "Consult more with local officials." please try to give us a detailed understanding of your view about this approach to policy implementation and budget reductions. Whites I believe the answer, to, number 1 also relates to this question. Wysst If the legislature creates a program designed to reimburse municipal governments for tax exemptions, those programs should be fully funded by the state. Ver example, there has been M on -going problem with the asnior.citizens- tax. exemption in Which the state has not been fully funding those exemptions With can be clsismd against local goverments. Either we should fund thoss'programs or eliminate thm. --if -local gov�raReq" do not desire to fund the programs should a state ehortfell occur, then the state should not burden local governments With that obligation. I will not allow programs which Affect municipalities in such a direct way to be Implemented without active deliberation by local government officials. Soosrvillen State actions =dating municipal and State agency action meet be reviewed ends in some calm, legialative rammdies proposed. There are mmerous examples of legislative requi— Me being adopted without say regard for the fiscal and human impacts. Basically, I feel that it is the responsibility of the lsgial-t ue to finance those requirements placed on local municipalities. The problem frequently imp. however, that the legislature funds them for one or two years and then the funding disappears. Naviag vow d in State government for 20 years, I cam &*sure you S as keenly aware of this problem because they do the acme L L special bulletin -5- July 15, 1986 identical thing to the agencies. The only way to force the legislature to deal with the problem is to place rthe legislation before them againo t would also veto improperly funded legislation and we might also consider raqulring language be included in future legia>'.ation which eliminates the requirement when the funding is not evadable. Sheffieldm To some extent this questions builds on the one above. When the state passes s law than is bound to be an upset on the public. 7hers often will ba a fiscal Upset. Vor that reason there should always be opt* opportunity for comment during the legistativs process. I would say that the Alaska Manieipai League is very effective in presenting, its perspective on the Lamas, and these in the legislature and in my office listen with great attention to AML views. In fact the Alaska Municipal Ltagua can take considerable credit for the fact that Alaska state government currently picks up $o such of local municipal and school expenses. Nevertheless, municipal governments suet contend, as doss state government, with a public wham appetite to pay has decreased. Cowper: In general, 1 think it is wrong for the state to unilaterally mandate program, performance standards, tax exemptions, and similar changes that result in increased local costs without appropriate eamMeation. One example is the Senior Citizens Property Tax Exemption program. If the state is going to mandate this exemption • which it bas • then it ought to fully reimburse the local govarneent for the loss in revenue. If, the state cannot afford to fully reisburse the local government, the exemption ought to be at the option of local residents. St UTA" rtim Nhen state actions surprise local governments with unanticipated costs these is a clear breakdown in the state gad local partnership. The result is arbitrary decision making that local governments bgve experienced under the present administration. I have worked in local government and i know first hand the st"ageh tbay bring to this teem effort. Intergovernmental consultation and decision making ahould be standardised and exercised as a latter of record so that there is accountability on both sides. Question 15: State policies over the last fees years, have forced almost all municipalities to raise taxes, gad, in soma cong, substantially. Ibis portends a future when areas which beve a healthy tax bass will enjoy substantially more services, and be a more attractive place to live and do business than areas without a bultby tax bass. In short, the "haves" will get richer and the "have note" poorer, leading to divisiveness and regional stress. If this concerns you, what will you do about it? White: i believe the answer to number 14180 relates to this question. Beyesn The number one issue in this campaign is the creation of new jobs and an expanded tax base in every community in Alaska. By creating tbgt tax bane, the need to raise taxes or depend on state government will be lessened. In every community I have visited, i have outlined specific ways of expanding the local tans bane. By identifying local options for development and pursuing them, we can create site specific jobs which don't foster regional caMpetition. The problem has been a total lack of leadership in creating expanded tax base. *round Alaska and, instead, iC *ding on the state operating budget to drive the economy. i have not visited a community wbieb doesn't offer opportunities to create Mora job$ and a greater tax bane from which services could be funded locally. As Governor, I intend to make the economic climate conducive to take full advantage of those opportunities. Samerwiiiem It concerns as but I also believe it will retain a reality until we provide a more diversified economy, *tch-fe lea dependent on Stats spendiN- .I believe as funds gat tighter,_we will eontift" to on a disproportionate share, based on population, of the state spending going to areas that are disadvsnta ied soonmelegIly. I Mont state, however, that the disparity under this administration towards the unincorporated communities is not justified. gMffioldu In a general sense your promise does not hold up. The taxes in gonicipslities around Alaska are significantly lower than they were in the middle or late 1970s. Coopering PY 1979 to PY 1987, for sxaMple. you wilt note that in lilt 1979 the state paid out $18,794,300 in Municipal Assistants, whereas in Fiscal -Year 1287 the state bea earmarked 053,199,000 for Municipal Assistance. Similarly, in 1979 the state put $12,000,000 into Revenue Sharing, and in 1979 the state budgeted 073,176,100 for Rovenue Sharing. J L jj•� � Special Bulletin - 6 - July 15, 1986 1 The only policies I as familiar with which cause increases in municipal taxes are 1) underfunding of tax exemption progtass, and 2) the repeal of the Senior Citizen Sever/Water Bxemptton Program and the Motor ' t Vehicle exemption Program, the the past session of the legislature. However, the State Assessor tells s. + that the Impact of these policies on local taxes is slight. In regard to the statement that municipalities with a healthy tax bate enjoy better services, I can only , s agree. Zhat is true in Alaska ad everywhere else. While I support struggling cotmnnitt" and believe the y ? state should encourage them in their efforts, those who have attained a loss, letty tax bass are entitled to { benefit from it. CovWt As I stated earlier, I believe all Alaskans are entitled to a certain basic level of local services. jj umver, I don't think it is up to government to ensure that all communities have exactly the sems amenities. { In fact, most Alaskans doa't want it that way. It soma only natural that communities in different stages of a r development will have varying levels of local services. The controlling factor should be that beyond the basic level, the majority of costs should be paid by local residents. IF Alaska's revenue situation required it, I would consider a statewide sales tax, remitting the proceeds to the municipalities, if that approach is acceptable to a consensus of municipal assemblies or ! council#. - Stmgulewskit Thera is no question that declining state revenues will require local governments to initiate am approaches in addressing .ocal and regional priorities. A strong economic development program is the y ` first step to broadening a reeottrce base for local governments as well as the state and will be one of the highest priorities of my administration. The state, working in strong partnership with private enterprise and local governments, must sown that local economic development efforts can succeed. In the long terms, we must encourage a am competitive approach to Alaska's role in the workplace, be it local, auto, + national, or international. We should start locally in the schools with new, focus on lsaguage and other t skills essential in the Pacific Rim economy. We must broaden our perceptions of self-sufficiency if we expect to compote in the markets that consume our resources and products. In partnership, we can do this. { Question she The A[+!<.'s 1986 Policy Statement stases, "The State of Alaska should assume full financial 4 responsibility for basic education.„ How would you define basic education, and the State's responsibility for 1-12 education funding, both for program and capital? A k s Whitat I would like to am the present education system should be Clanged to a system where grades 2.4 weld sbe conducted in the classroom in schools, with more emphasis placed on math ad reading. Grades 7-12 would be made available through home study classes by television at home. With call in numbers to reach teachers '+ who will answer problem questions that might come up. This new system would cut she cost of present +. E education in half. lei t Haywt I believe the responsibility to fund a high quality education system must be shared between local and _ `i auto governments. To retain adequate local control over ourriculum, local governsaals must share In the cost of education. Basic education must include teaching of basic lath, reading, and grammar skills along + with vocational training' It met be sensitive to cultural uniqueness, especially among our native people. 1 ate basics moat be offered with' equity across this state. I see local govetniaeato taking a greater role in �I determining what education offerings are made available, in- part, through determining hw, much local =A financial support will go into providing !hose offerings. I see the acts providing the leadership role is saking we adequate- facilities are constructed throughout Alaska. Facilities ran. be relatively comma . -. Aj across the state while teaching methods and curriculum may have a wide variety and should be determined on a -well. more _local level. Somar fillet I would propose that the State continue the existing level of funding. It would be gnat if the state could assume 100% funding but I do not believe the local school boards would like the state policies, } witarie and standards which wbuld be applied In order to assure that all school district$ were treated equally. I believe we cam maintain the existing level of funding and possibly increase fundtag in acme It is - areas. It is imperative that the state foe" on education as one of its major responsibilities. also .� essential that we roexamine the quality of education being provided throughout the State. In try opinion, we must tonal" l" the Holly Hootch case and push for more ngionalleation of our rural school systems to provide that quality education which most of them are not now getting. anis alone would save the State millions of dollars annually. a K • Special Bulletin - 7 - July 15, 1986 ghsffield: I define basic education as an educational program which will product healthy, well-informed, literate adults who Vosges$ sound decision taking skills. It is the atate's responsibility to see that the basic education needs of its students are funded throuSh shared state, tout, and federal resources. y Cowper, Basic education means to as providing all Alaskans with the right information they can use to make the beat decisions about their Personal lives and carsers. Education should not stop when one finishes high — school or college. It should continua throughout oar's life. I believe the state ehonid live up to its responsibility to "full -funding" of education. To me that means that the. state should nuance the cost of public education in order to provide equal educational Opportunities to all Alaskans, whsther it costs $3,000 per student is Anchorage or $12,000 to Unslakleet. At the acme time, co■nnnities with the power to tax should contribute a reasonable swunt toward public education. That contribution should carry with it a certain degree of local control. i Sturg"Waki: Basic education is that classroom instruction required by state and/or federal law and the staff and facilities necessary to carry this out. The state's responsibility Is to fund those propane -- defined as basic education by the State Board of Education and the legislaturea We have taken advantage of owoil wealth by making a substantial Investment In schools. We most continue to maintain facilities already constructed and assist in meeting the demands of future population growth throughout the elate. i' BE SUBS AND VOTE, AUGUST 26th1 L A KENAI PENINSULA BOROUGH REGULAR ASSEMBLY NEETINa AUGUST S. 19861 700 P.N. HOMER HIGH SCHOOL AUDITORIUM J10MR0 ALASKA 'Ail in .-'A G E N D v, A. CALL TO OMER id B. PLEDGE OF ALLEGIANCE Br C. 10- -1 A Fair -10VOCAT Ns Rev. Randy" son' ..A Center -N, it ., I- e: Ilan o. ROLL CALL s!. rawford Sewall i E. VACANCY. DESIGNATION OR SEATING OF ASSEMBLYMEMBEAB Gorey P. APPROVAL Of, MINUTES July 22, •");44;oiv� G. COMM Data .4 ITTEE REPORTS stad, at (a) Fri "nee (Crawford Carey. Vandal Johnson, 116sh) Ends/Resources (A"Sstid. Fandeis Johnson, Keene "a Keane ,a) Legislative tive (Dale, Crawford, Moose Swell, Sin Brad)(4) Local Affairs/Lagislative (Moore, Vale. Shogeta Sewall, Crawford. Valli) (a) Public Vocks/Education (Sewaii,'Brcvu. McLan e Mullen. Valli) M Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 86-114 "Deei 1986 as sip' .qn&ting September ]&�aesty �anthll (nayor) 44 %I% to (b) Or d. ti.l-Cri I "Adopting. an Updated Comprehensive Plan Y Of Sol Oftn" (Mayor) SET FOR HEARING (a) 11!pting of a Nw ZanMap fort34.dM . HEARING (d) Ord. 86-69 "Authorizing the Recelet of $601,053 fr TIM-gra—te of Alaska, Department or Transportation3 and Public Facilities. or Road Improvements in I Service Areas Throughout the Borough and Apjropriatim the Funds" (Mayor) SET FOR HEARING 1. ORDINANCE HEARINGS '""nts for the (a) Res.'66-8? "A jj&&,,L*;,5_,fC.-pproving the Sol r % ElemOntsfY School Prepared by Architect �V, -� tll, .: �.. .. Herold Witum" (mayor) (b) ~Her, 86-88 " Authorising 'Herold ifirum i Associate$ Yr-o-c-ee-d-47th Design Development Phase for West Homer Elementary School and Establishing Sub ivi ton Purchase of Lot I- d ' a (a)tom o and Approving lottnthaen Containing 14* Acrsa for the Use by the Kenai Peninsula Borough School District as a school Site" (Mayor) (d) Ord. 86-53 "Authorizing Indebtedness by the Issuance of Metal UOLIgation Bonds in an Amount Not to Exceed $10.343.533 for the Purposes of Acquiring. Dest going. Mans Log. Inspecting. Improving Constructing and E;uip I A"-* the lost Romer Elementary Schooi and Pledging Full Big an d Credit of the Borough with payment of the Indebted a be Derived from Taxes Levied with the Borough. and SubJect to Apprnval bA the Voters of the Regular Election on Octobnr 1. 1986" myor) W1 7 4 'hatidivis the pones i Ifisimmute loroullb Code Go RoSpeo" Lt"quor ttooneq FlOtIlti" 001AY011 of contum ","*'y NoWber Appease Na Cow. . . . . . . . . . ..... a Cm to mudgeted V t 04" WIYOT) . . . 4b) apj;f •Rance e see a 't Ir nts •for Contw4clowe Tea Foovisions" WAPWI J'P,�Ytulllj --i -Y for the lexular tVt�.:,fe- a I *11ation an as fttlot m. pacification Of th* Borough Offtnevas last "A the Tom of the "Gone to Two can!!Cusjr 7P t Go Inge bw "L!Rocation or MUG 4 BIGAs"Is"I"D .0 0 $part 0 good to jam 0. 0AUtbutsis 9 me IMMIGICIP of fuss& wave station 01 .:j f " !,Qg) to 5v "A 1plawiman COOPS'att.0 ownoVLOS Ulktall Vice Service Age*. the mottgamby Vice 801"es Area, the Contw4t Peninsula ltmorrmc to&& and ANbulance Solvics, Area the City i 4F and piss Bidgmy/StatiloS fire s twice p tolog the Purchase Of Late a am a. -A lmi tow one VMS of the patent ch" eclat tee seboot rarpom* 'i y-, tAn inGo lW0&hlP0fAt'GGdan C%Ir- r is I LIGHATION ites lists legislation Walk will be adhossed as 009441 Got lot "ties this We top.) 1-0,; d- ."1401 owd: Is-12 "Authorts in obtedmom by the too Ifteer8l Oblirlion Balils to an Among not to 9A .976 of the FWposSG of Acquiring. gnat 0 Inspecting, t=&:b Constouct is I. in !C-md stementarr I I. tied _Iltn& 11.11 v Lftodlt of the "h with Follmt of the ladebt *so to 4 a tn th SZ S "•'.4. Vsgtvod it= "so tervied Ithin tbe lovem s, vu ex. -9,ttOA -ppromal the Vote" of at tes 6 to 1 I's tab" Im" 4 to 3, 'X' '1*144 14 v it till 44Aa tr - Ttl- ts�,j5jql Ord. 66-S8 'Amending P$ 5.04.060 i'vit APP6 IS tt"S PtOcSfUrs and Aft"di"S III 1 4.0 to let fttic Ileariffild fat Itiontsency T. 0 olopwintione and Ams", "a 5 - 04. 1" YLA"t. a 'tic Dooll ate Ww. tm 16 "s �! . . . . . . . Z ludget 1 844-1: ifte 41 AU its 166 rest@ _j .J., -JL; d. ted IK Oar :+tpf IsomA a do by to too A 0 a L ;�v r an 66.58 "Autt asivig vilious create o1wilt" 8ga� as/pt the Uat* a .1 li I and AppO. Chapter fsoo. L:L,.l lmk. I I 0 go I"Joot Aslamets FAYWI had "AM i at teem he ItIve ol AL&SI: J. 5. l3.'.Wt'Ml,Cem'rSg to Dow &to t Was 9 184OVISS DI"I"Mt FLOW, 4") Ispvw--- 'Z I 04 -movi �E0.— 9 .j E --1 MONSOON@ I ot "JAIthostel" u="ta to" sivi 'a of great 1, W41.1 I Sectors. 0 wanpr-fst at to a• &on. or the ftreess of gellobtitht"N 0 Public NfstofW l4y0f) Nw 8-19-46 "Amodio the Offt ranifteuto SO'Osh Code aces to Iffor,140 L�"avr Vim Pers-4 to IT too 4 gomption Dect tons! 1 19 codo of ordtowes, , o Wine 1'"tolstive Wetness Mae%n) IQLAR 5 "Approgriattoo $78,000 lot vilitalti File yorl KM 17. 4 taprovesents" PA Re-s Rae alto ftaptor 1. 06, 16 slid if, the g000& 3-4. .-A -• in Bere.0 Code to conform .1Cb little I" jaTor l FcolltoLonf CentOtflr y chatter S.111 to Author .41 "Amodio$ the ITS ftd. IS tha, Creation. gaccrainS, and Sit CO Of UM r lot 41 personal Property to Secure Psymot 0 a 2 to plus Interest, penalties. and Aftifttogwett" Costs to the gVent of bet inquonc, (ftyars 66-161 -ser4bit.hing •0 Now Chapter S-09 #jT"gjuff pturn and &wouah code. for lnboission 4 a Specal put Procedures for to@ 94 1 - Acceptable Bid"!prowl NZAS Ord. $16.47 Substitutt "96t6bitiblell lid gro"S 4411"re the presence all the public Works Ctffctvrl Ns I the to, torw of age Due lose ;;j") finance Director. Sol rVolocts Chlor ;=f t all Bid Contracts for 111 a ftestionslos RRputrtnR Goo to Datevat" Quit isn with All vat how NRtAAIt 91 Ord. 06.30 "A"04019 the 1,0%0,uA= o!E0rrMd'814wtftiC04n1SAtD44- provide for service Area #Atobursarnt- (VAYOV) VIM -AW T" it the ftlesurat -1 , X. Ioj V�q. 85.161 ovb'U:Rco 14=80bilto SM the ...... an Florence no so a peninsula Iogough fog the he i� 9w 'I Spat Lake goW I yor) POSTNM light-of-val an I t 86-21 "Autbovising 0 fe.c. tated tend Ws of Me. d 4: Lot IS. See ion- -S 4 ;mk Sorough patented WAS Coscr ' U '�"' 1, 10. 5 North. lime, 11 vest fewer _'w. Towshtp Alaska lOb@ft L. Sehatlit11 (Kayorl •Cie f 141 are. and Dtopo$*% ate Itvctl,:&*"I to PaSlass for mild Me witto "WPOICID wl" total NOT= VFW SMSIMI am vp N. Pon" vassurATIMS "WIVA ACUDA "jet Asstall fares. so. Peninsula Itoovicat service Alto* ""SUC CMIRM AND MUC F&RUWATtONS Upole in Ta Assawaywa aam CWAIKD Differestiat 749 Well fees SINUS OTM SU f SOW section %Lee a vacation of Pattieff 0 came" to ftettons 6 6 1 and Sections as between Of IM I a It. 191 eastotty 9 6 a 1. and tw"o 6 fill Isrit.$ 21. in Sat'lop She I OA" . he gas St.4114, RuTmectilo Sections, edMwo to a ftions, of the is tf—M tiff Its to lons I 11 6 t1s. at S.K. 1 41 S and seat iterlift &III 1-1: between the IN aw line of the ow "a the S 1116th forest a to. 09041tv An 111AV=*S.CWWM R. tMAMTtwj FAvat"s An wakto COMM= 0111g. It. %9441 9. WTICR of fast KWING A0 AW J" 01 44 a ._32 THE WALL STREET JOURNAL TUESDAY. AUGUST 5, 1986 K. Koreans Debate Importing Alaskan LNG By JOSEWt P. MANnUNe preferobly from South Korea, Japan and that estimate. "We need LNG becauu TNN Staff RYVO"VT0 WAMSTREW JOUNNA1, TQIWan. A group of Japanese banks and we've built as those terminals and pipe SEOUL, South Korea -in July 1984. trading companies also Is studying parlicl- lines." the official says. "But we don'i seven of South Korea's biggest companies paling In the pipeline project. need 5.5 million tons by the mid -ON. Wf got together to consider taking part in a The project initially generated great In- can absorb 5.5 million tons, but It's a bit or proposed multlbHllon-dollar natural-gas terest In Korea, especially because In 190 the high side of what we really need." pipeline across Alaska At the urging of South Korean oftcials the Seoul government was casting about for ways to reduce Korea's dependence on But Mr. Park contends that In addition to securing a long-term energy supply for and powerful U.S. commercial and polio- increasingly expensive Imported oil. Otfi- the country, Korean companies also would cal interests. the seven companies-Hyurr e1Als also wanted alternatives for Korea's have a chance to supply constriction ma - dal Corp., Daewoo Corp.. Samsung Co.. dwindling domestic coal supplies. Wriais and labor for the Alaska pipeline. LuckyGoldstar International Corp.. Ssang• Yong Construction Corp. Kyung In Energy Under the government's long-term en- ergy plan, a large terminal is being built Letter Cited ' . 1• - An Energy Ministry aide says the find - Co. and Samwhan Corp. -formed a group called Alcorn. ISamwhan has since south of Seoul, with four big tanks to hold LNO to be purchased from Indonesia un- pugs of Pacific ConsuttaW SIN* are un• gypped oul•► Now, after two years of upheavals In der a long-term agreement SUIT under ne• Satiation. Pipes are being laid for gas sere likely to change the minds of project oppo- nents because the company had decided the world energy market, doubts here about the teaslblury of the Pipeline projeccent t fee In central Korea. Yet doubts are surfacing among private the project was desirable even before be - �m to aide H and political wrangling within the Korean government over its merits. Alcom has and public officlals about the wisdom of moving too quickly. and unilaterally, to letter Mr of. fichd in which he says pacific Constdtants' ••le ,,fiat taken a tentative step toward partlelpa- Lion. The Korean group recently commis• LNG. With world oil prices plummeting and the construction of plpeunes for the job is convince Alcorn members l�rea mil- mil to � project" stoned a backer of the project. Pacific Can - sultants Corp. of Seoul, to study whether It widespread domestic use Of natural gas running behind schedule, Skeptics argue Mother reason several government and Industry officials oppose the Alaska LNG makes sense for the companies and for that the country sbouldn't rub to assure project approach what they say is tie along -arm Arco and Yukon Pacific have South Korea new LNG su plies. p used to sell the project to Korea. Yukon usedto ' Is Gas Competitive? "The delay In the start of LNG ship- meats from Indonesia caused by the pro- Pacific denies that any such pressure was used. The study. expected to be completed by the end of the year, will focus on the com• tracted light over pricing." says a Korean energy official, "Is a great relief to us, ac• "Some of their lobbying tattles haven't petitiveness of Alaskan liquefied natural gas. or LNG. against LNG from Asian sup• lually. It gives us extra time to develop the Infrastructure to use the gas most efiec• sat well with us in government." says a Korean official close to the project. "They pliers such as Indonesia. Malaysia and lively. Likewise, we should be careful ressured the en minister to go along with p com Who that ; Brunei. and on the feasibility of Korean participation in construction of the pipeline about this Alaskan project. Its usefulnessti'N• to us. and the best timing for it, must be didn't " went directly the Blue i :,and other facilities. • �.`. t The trans -Alaska pipeline idea was pro Ile=11 thoroughly debated before we commit selves." Some officials also fear that Alm- House." w a s end . House. President Chun mistake. Bence. "That was a mistake. They nngeted They to n in ��oo �Thdt Korean officials In by Yukon kan LNG would be more expensive than �, mWster, Alcom and. Blue Noose ad - visers. too.» , ". Pacific Corp. Anchorage. Alaska. The ` pony. chaired by former Alaska Gov. Walter Hiekel, has been working closely LNG from Asian suppliers Proponents of the project say such The project also has been nilsed to bi• lateral meetings between lire two Countries a f.: �teith Arco Alaska Inc.. unit Of Los Ange based develop doubts are unfounded. They point to LNG's use as a feedstock for the production of al several levels The project was dl4• cussed by President Chun and President` Atlantic Richfield Co.. to i 's huge Prudhoe Bay gas field.Sumer plastics. synthetic fibers and other con- Reagan when the two heads Of state treat th Pacific and Arco plan to bed goods. They also note that LNG pro- Washington last year. a government offs•ukon Prudh which would run Al mats Pthern Bay In northern Alaska to fed duces leas pollution. ,. . ,p BM Doo Park, president of Pacific But a Yukon Pacific of lelai ssyaIA Aa- outhern Alaska port Of Kemal. near There the gas would be uque• Consultants and one of the project's big• B� supporters here. says that by 1996. Ko- 5.5 tons LNG eborage it "doesn't make sense" to say the company used pressure tactics M Korea "Ail 'let's and loaded aboard tankers for Beau• nd to ery to the U.S. West Coast and to Asian rea wilneed million of arms- ally to satisfy Its energy requirements. "U we have a secure Supply from Indonesia of we've done Is say. find a way to ,, cooperate, ' be says. + - The Yukoa Pacific Official also so It euat omens. Yukon Pacific estimates that the pipe d; tine and liquefaction facilities. which could two million tons a year:' says Mr. Park. ., t' still need 3.5 million tons a year from was "natural" for the U.S. government to show In project with the large ��-Aendle 14 million metric tons of gas amiu- o other sources. The U.& Is one of the most export potential of the Alaskan pipeline. potent o r KWly, would take at least years t0 cam• secure possible suppliers of energy to Ko- rea on along -term basis." and notes that the sheer do of the paten• WI Investment mandated that the Korean tglete. The project, first estimated to cost has since been momback An Energy Ministry offictel disputes ��`= goveraowt be party to the talcs. p - — ed town meted $10 billion. To fiel tkieruce the act Yukon Pacific ` • --� Ind Arco are tooklna for equity partners L J AML NEwsLETTE,,.',", . Volume 7, No. 1 ALASKA MUNICIPAL LEAGUE 1:m v Juneau Street Scene — The corner of Seward and Front Streets shows off Juneau's recent downtown redevelopment projects which have included historic preservation, utility underg►ounding, and sidewalk and street improvements. City and Borough of Juneau - Host and Site for the AML 36th Annual Local Government Conference, November 1245, 1986 Juneau, Alaska's Capital City The Front n an memorabiliin Street renovation as pro- ject kf Juneau's downtown historic district has mining past, as layers of concrete and asphalt had a multi -million dollar face lift over the were dug up to underground utilities and lay past couple of years. Gone are the power new storm drains. Sidewalks reminiscent of the and utility lines and the towering poles that boardwalks at the turn of the century, were supported them. In their place are double widened to make the area more pedestrian lantern street lamps with colorful banners friendly. At the corner intersection of Front and and hanging flower baskets. Franklin Streets now stands a town clock. L_ ;'August 191% Thc• next phase of downtown street im• provements will continue the renovation of Franklin Street to the cruise ship terminal (the old ferry terminal) where a number of new shops have opened in the People's Wharf. Outdoor art is being developed under the city's new Municipal Art Bank pro, gram to depict local history and folklore. However, the City and Borough of Juneau is trying to do more than just memorialize Its gold mining era, It is encouraging a resur- gence In gold mining. land has been leased and exploratory work is underway to deter- mine if the precious metal can be produced economically in today's market, given the advances in technology. Juneau is also developing new dock and icing facilities to help revitalize its commercial fishing industry. While Juneau's seasons are clearly delineated by its predominate economic activity — the spring and summer into fall tourism season, and its winter to spring leg- islative session — the capital city is hosting more and more conferences and conven- tions year-round at Centennial Hall Conven- tion Center. Hotel and motel bed capacity has expanded. Visitor amenities include both indoor and outdoor activities, and therets usually a full calendar of local events scheduled. Nearly half of Juneau s population, 29,370 by 1985 housing unit estimates, live north of the downtown area in the lemon Creek and Mendenhall Valley area, where several shop- ping malls, a chain store and business park have developed. While Juneau's populated areas, Douglas, North Douglas and Thane in addition to the valley area and Auke Bay dot only a small portion of the 3,108 square miles the City and Borough of Juneau covers, the capital city retains its small town friendly atmosphere. Official Notice The Alaska Municipal League an- nual business meeting will be held In the Centennial Hall in Juneau at 9:00 a.m. on Saturday. November 15, 1986 - the last day of the 36th Annual Local Government Confer- ence. Major agenda items include the adoption of the 1987 Policy Statement and the election of AML officers and directors for the up- coming year. Only delegates of member municipalities in good standing (dues paid) are eligible to vote. M R, L. L 01 I Selecting a Public Administrator by Cad G. Bold President, Public Administration Resources (PAR) Director, Hamilton County Municipal League Perhaps one of the most difficult, time- consuming and important act of a local legislative body is the process of selecting the right administrator or manager. During the search period, plans and programs of the municipality may also be disrupted or set aside while the search is conducted and the ultimate new manger is brought aboard. 'Acting' managers seldom initiate long- range plans and seldom make difficult man- agement decisions at the risk of seeing those decisions reversed when the new adminis- trator takes over. When this happens, the result is that important decisions are not made and problems are simply set aside. The cost of such delays is impossible to measure but could be far more than the cost of an actual management search by an outside professional consultant. However, despite the problems involved, many communities choose to select a new administrator or manager without outside professional assistance. Any community choosing such a course should do so within the framework of a well -thought out plan. i Steps to Talre Before Beginning a Search i At least four steps should be taken before I a municipality begins a search for a manager: 1) Develop an accurate profile of the community. 2) Develop a list of the major issues fac- ing the municipality now or anticipated within 5 years. 3) Describe the job. 4) Develop a "Candidate Profile." Once the above is complete the council 1 will have a better idea as to the type of Per- son required to meet the actual requirements of the community and the job. i communky Profile The community profile will examine the growth trends, residentiallcommercial j character now or desired, types of services now provided or desired for the near future, the personality of the community, degree of f political activity, citizen attitude toward any change, quality of public education, avail- - able housing stock and other corisiderattons too numerous to mention here. -' lust Issues i Needs j A listing of present or anticipated concerns or problems is important particularly if you expect your new manager to deal with those effectively. If you perceive that the biggest problem faci�the municipality in the next few years will be the expansion of your wastewater treatment plant then you should be certain that the person you choose is skilled or experienced in that area. This exer- cise should be as thorough as possible so that you can properly prioritize the impor- tance of the many skills involved in munid pal managmennt. The lob Vescripdon The description of the job should be as complete as possible so that both the coun• cil and the candidate know upfront what is expected. Obviously, there will be changes In the description as needs change from time to time but they should not be so drastic that a qualified public administrator could not fulfill those new or expanded job duties. The "Candidate Profile" The last suggested step, the "Candidate Profile," is the one most often ignored. This process includes identifying the type of per- son you believe best suited for the job. Ar- riving at this is not an easy task when it is necessary to determine what 7 or more counclimembers (truly) expect of a manager. Certainly you need to determine the ex- tent of experience or education required. That is fairly easy, but defining the manage- ment style Is sometimes very difficult. This means deciding and agreeing upon exactly how much authority or autonomy the coun- cil is really willing to extend to the manager. This is where the council needs to be honest with itself and the candidate. Granted, either the statutes or a charter will define the power of a manager, yet, some councils have not really allowed the manager to function in accordance with the authority granted by prevailing law. Personality Is Important The personality of a manager can be as important as education or technical skills. Local government is a body politic made up of several pesonalities that must be taken into account. When the political process works to perfection, and no one knows for sure when it does, the elected representatives of the people (the council) should reflect the personality of the community. The "Candidate Profile" should take into account many other characteristics of the desired candidate if you hope to locate one that will be around for very long. let's Get a Dynamo If you really do not want a "Dynamic, take -charge innovator" then don't hire one. If you hire a style other than what you really want the most certain result will be unhappi- ness on the part of the manager, the coun- cil, or both, and you will be going through AML NEWSLETTER the same search and hiring process all over again much sooner than you should. You may as well accurately define the profile of the individual you want and seek only that tylm person. Trying to change the person once they are hired is like trying to change a spouse after marriage. Your profile should include some specifi- cation as to the degree you expect the manager to be a risk -taker. Do you want the type of individual who will do nothing unless specifically directed or do you want some- one who is willing to take a calculated risk) Has your community experienced pro- blems with certain segments of the com- munity such as the businesses? If so, you may want to place a high priority on demon- strated experience working with business leaders. Some managers have many years of public management experience working in communities that have little business or industry and consequently may not possess the experience and skills you require in this area. Competitive Compensation Not listed in the above four steps, is deciding upon a compensation package that will be reasonable and COMPETITIVE. ENOUGH to attract the candidate you desire. The natural tendency is to save a few bucks because, after all, there will be many people wanting your job. Your budget will impose certain limitations which need to be taken into account. As you are considering this, you need to decide if paying a few thousand more will enable you to hire some- one who might do a better job for you, haws a greater capacity for cost -containment or revenue enhancement or who might be will- ing to stay longer and extend the time period when you will face this costly process again. The Art of Interviewing Many members of council have never held a position which gave them decision -making authority for hiring and firing. Consequent- ly, many councilmembers are not adequately skilled in the art of interviewing, screening and selecting. Yet, you are usually dealing with candidates or applicants who are quite skilled at the interview process and are very capable of directing or orchestrating the interview so that they are seen in their best light and making certain that any personal weaknesses remain hidden. (continued on page 3) 105 Municipal Way • Suite 301 • Juneau, Alaska 99801 • (907) SN-1325 STArr: Scott A. Burgess, Executive Director and Editor Timothy R. Smith, Programs Manager Phyllis H. Larson, Administrative Assistant ftle 2 August. 1986 L L IR - L - -- - —*I, - --/ - . •.. - Municipalities Affected by legislation The Second Session of the 14th Alaska State Legislature adjourned May 13, 1986. The following bills were passed by the Legislature, and were signed by the Gover- nor. The list does not include all legislation passed, just the legislation affecting Alaska's municipalities and their local government operations. The I %islature passed only IS 1 of the 429 pieces of legislation introduced, 262 in the House and 167 in the Senate. Of the bills passed, 146 were signed or allowed. to become law by Governor Sheffield; he vetoed five. On top of the list of AML and local government successes included the in- surance pooling bill, HB 506, sponsored by Representative Robin Taylor (R-Wrangell). Some of the other successes include revenue sharing, municipal assistance and school foundation program funding; resisting un- necessary and potentially costly limitations on municipal bonding; the passage of hazar- dous waste legislation introduced by Representative Katie Hurley (DANasilla) and Representative Mike Davis (D-Fairbanks); the Governor's veto of the amended plumbing code bill, HB 63; and the passage of tort reform legislation, SB 377, sponsored by Senator Tim Kelly (RAnchorage). The League and its member municipalities were less successful in the legislature in their attempts to avoid cuts in municipal funding programs more than other state programs overall; defeat additional costs resulting in serving domestic violence papers, SB 67, in- troduced by the administration; the death of the municipal fiscal note legislation, SB 369, introduced by Senate Community and Regional Affairs Committee, and the prior year data legislation, HB 558, introduced by the administration; and, the funding short- falls in the State -mandated tax exemptions for senior citizens. Selecting a Public Administrator (continued from page 2) Your interview plan should be carefully developed. ..and rehearsed. Know who will lead the interview, which questions will be asked and be certain the key questions are raised before time runs out. Expect a tong Drawer -Out Process Avoid the inclination to hire someone quickly. Finding the right person quickly is not likely to happen, unless you are very lucky. The search process usually takes two months or longer and the niost tedious part comes at the end when you are tired of the whole process and the endless meetings and Interviews, The temptation to hire the next one through the door will surface or, at a min- imum, you may he tempted to lower your stan- dards to complete the proms: quickly, Individual interviews may average two hours each and you may find yourself spend- ing more time with the interesting ones. So if you decide to interview the ten top candi- dates you can expect to spend around 20 hours in the first interview an likely repeat the process if you cut the list to say three. That adds up to 26 hours of interviewing. You WILL grow tired of the process. Multiplicity of Skills Required Public management requires more varied skills than any private sector industry. No manager can be expected to be expert in all facets of local government. Therefore, it is of utmost impurtance that you clearly define the most important skills and match the requirements of your management job with the bLyl qualities of the person you select. Resumes Aplenty Resumes, you will find, are easily obtain- ed in large quantities. Sorting through those to determine (and verify) who really meets your requirements is not so easy. The pro- files mentioned earlier should be your con- stant companion during the selection pro- cess to keep you on track in selecting the person you hope will be your perfect public administrator for several years to come. Performance Evaluation Plan Finally, once you have hired someone, you should have in place a comprehensive evalu- ation program to enable you to know if your manager is performing as required and especially to afford the opportunity for both sides to present and discuss minor perfor- mance problems before they become major ones. Lack of communication is often the cause of administrative -management differ- ences. If you tackle this project without pro- fessional assistance... good luck. Reprinted from "Ohio Cities and Villages," the publication of the Ohio Municipal League, April 1986. New Publications Available The AML staff is aware of the following publications which may be of interest to municipal officials and others. The AML has a copy of some of these publications In our library for loan to interested members; however, information on ordering your own in provided. Reducing Urban Unemployment: What Works at the tool level, Bill McCarthy of the National League of Cities, NLC, 1985, 109 pages. The book addresses the current problem of unemployment in America's cities and offers twenty-one case studies of successful and repliable initiatives to reduce the problem, $10 for NLC members, and $15 for non-members, plus $2 for postage and handling. Contact NLC at 1301 Ptmnsylvania Avenue, N.W., Washington, D.C. 20004; (202)626.3000. Harvesting Hometown Jobs: A SwalRTown Guide to local Economic Development, Nancy T. Stark of the National Association of Towns and Townships (NATab, NATaT, 36 pages. The guide offers practical tips on cultivating jobs and recruiting business, and explains simple -but effective strategies for fund raising. Copies are available for 63 (prepaid postage and handling) per copy; send a self-addressed mailing label or index card to NATaT, Dept. E,1522 K Street, N W , Suite 730, Washington, D.C. 20005; (202) 737.5200. Records Management, International City Management Association (ICM.4) "MIS Report," Volume 18INumber 5, May 1986, ICMA, 23 pages. This report describes records management benefits and offers practical advice to local officials to imple- ment them. Strategies for local Enterprise Development, ICMA, "MIS Report," Volume ISINumber 2, February 1996, ICMA, 15 pages. The report examines some of the strategies, tools, and resources that local governments can use to improve the economic health of their communities. "MIS Reports" are published monthly by the Management Information Service of the ICMA as a part of a subscription service available to all local governments. Contact ICMA, 1120 G Street, N W , Washington, D.C. 2005; (202) 626.46W. Planning for Infrasfructum A Handbook for state and local OlH d4 Dr. Peggy Cuciti, Center for Public -Private Sector Cooperation, Graduate School of Public Af- fairs, University of Colorado at Denver Ford Foundation, 1905, 47 pages. The publication discusses altemadve ways of structuring the planning process for infrastructure and dif- ferent approaches to measuring needs and revenues. Copies of the handbook can be obtained from the Center for Public -Private Sector Cooperation for "each (which in- cludes postage and handling) at 1100 14th Street, Suite 801, Campus Box 133, Denver, Colorado 80202; 003) SS6 4840. Federal-2a*4ocal fiscal Relstlotrs: Report to the Mnsident and the Confines; Office of State and Local Finance, U.S. Department of the Treasury, September 1985, 494 pages. The report, officially delivered to Congress last fall and now available from the printers, results from the 1983 legislation reauthoriz- ing the Revenue Sharing Program (PL. 98-185) and directing the Secretary of the Treasury to conduct an extensive series of studies of federal -state -local fiscal relations. For sale by the Superintendent of Documents, U.S. Government Printing Of- fice, Washington, D.C. 20402. Single Audi Rallies - QueWons and Answers on the Single Audh Act of INK Peat Marwick, Mitchell B Company. For a free copy of the booklet, contact I.R. Miller, Peat, Marwick, Mitchell b Company, 345 Park Avenue, New York, NY 10154. AML Newsletter hge3 L J c. House Bills Chapter SO -Interest on Deposits Collected by volities Require a public utility that collects and retains a deposit for contracted recurring monthly service to pay interest on the deposit. (SCS SSHB 20(L&C) am S) Effective Date: August 26, 1986 Chapter MR*eries Business Tax Credits Provides tax credits for fish processors for certain ccaappital expenditures imotving shore• based faNlities in the state or contributions to the development of in -state cooperative seafood industrial parks. Also allows credit for certain scholarship contributions. Permits municipalities to contribute a portion of fisheries business tax refunds to processors investing in the municipality. (SCS CSHB 58(Fin) am S) Effective Date: Sections 1, 2, and 4.8 take effect July 1, 1986, section 3 takes effect January 1, 1992. Chapter S-Local Service Roads Allows state census or other census approved by the Department of Communi- ty and Regional Affairs to be used in allo- cating appropriations for local service roads. Requires allocation to unified municipalities as well as organized boroughs within alloca- tion districts and to home rule cities within organized boroughs. Requires local govern- ment design standards for roads on a federal - aid secondary route to be approved by the Department of Transportation and Public Facilities. Amends the definition of "local government" and "local service road:' (SCSCSHB 111(TRSP) am S) Effective Date. March 21, 1936 Chapte► 8-Small Claims Court and Duties of Magistrates Increases the jurisdiction of the small claims court from cases involving $2,000 to cases involving $5,000 and requires that potential small claim litigants be informed of available alternatives to litigation. In- creases the jurisdiction of magistrates from cases involving $1,000 to cases involving Ss,000. (CSHB 118Uud)) Effective Date: July 1, 1986 Chapter 142-Uglift & Encroachments In Abpo^ Eta Limits circumstances under which utilities may be constructed in state airports, along public highways, and in public facilities. Establishes whether the utility or the depart- ment is to pay for removing a utility facility that must be relocated or removed inciden- tal to the construction or maintenance of an airport, highway, or facility. (CSHB 160(Fin)) Effective Date: tune 11, 1986 Chapin S7.Maintenance of State Marine Vessels Prohibits the state, for a period of six years, from sending Its marine vessels out of state for maintenance if a facility in the state can perform the maintenance at a price that is "in the slate's best interest." Exempts In- state facilities from competitive bidding requirements during the six -year period. The Act Is intended to allow new facilities in Ketchikan and Seward to become com- petitive with out-of-state facilities. (CS 2d SSHB IM (Fin)am) Effective Date: August 29, 1986 Chapter 81-Retirement Benefits for ftrt- Time Teachers Makes part-time teachers eligible for normal retirement benefits under the Teachers' Retirement System after 20 school years of part-time teaching. (CSHB 228(Fin)) Effective Date: September 3, 1986 Chapter 117-Pension Reform Requires that a former spuuse of a member of the Teachers' Retirement System, the judicial Retirement System, Alaska National Guard or Naval Militia, or the Public Employees' Retirement System be treated as a spouse or a surviving spouse to the extent required by a qualified domestic relations order. Limits a members ability to waive the rights of a spouse or former spouse to receive various retirement benefits. (SCS CSHB 2370ud)) Effective Date: Section 52 takes effect June 8, 1986, sections 1-51 take effect January 1, 1987 Chapter 82-Public Employees' Retirement Benefits Makes various changes in the Teachers' Retirement System, judicial Retirement Sys- tem, National Guard retirement and Public Employees' Retirement System statutes. Per- mits retirement benefits to be paid to sur- viving spouses of members of IRS even if the spouse remarries. identifies the beneficiaries of members of the National Guard if the member has failed to designate a beneficiary. Permits persons receiving benefits under TRS, IRS, PERS, or the former Elected Public Official Retirement System to obtain long- term care insurance if the person pays the cost of the premium. increases the contribu- tion rate of PERS members beginning Janu- ary 1, 1987, by two -and -one-half percent. Permits a member of PERS to claim credited service for various kinds of previous service. Increases the age for normal retirement and early retirement in PERS by five years. Changes the method for calculating retire- ment benefits in PERS to provide greater benefits for long-term employees. Adds re- quirements for claiming benefits as a dis- abled employee. Limits eligibility for post• retirement pension adjustment, Alaska cost- crAlving allowance, and major medical Insur- ance coverage. (SCS CSHB 252(Fin)) Effective Date: Sections 28.39 are retroactive to July i, 1976; sections 1.14, 16, 18, 19, 21.27, 40.45, 47, 40, 50.53, and 55.57 take effect July 1, t986, sections 15, 17, 20, 46, 49 and 58 take effect lantlary 1. 1987; sections 28.39, 54 and 59 take effect June 6, 1986 Chapter 104-Alaska Public Utilities Com- mission Ad Extends the termination date of the Alaska Public utilities Commission to June 30, 1989. Limits the fee a municipality may charge a public utility for the use of a public way. Changes certain provisions governing the commission, including provisions related to tariff filing procedures, tariff rejections, rate setting, and approval of wholesale power agreements. (SCS HB 314(Fin)) Effective Date. June 7, 1986 Chapter 141 Adve►se Claims and Boundary Disputes Establishing procedures for resolving boundary disputes and claims of adverse possession involving certain highway rights• of -way established under federal public land orders. (CSHB 321(Fin) am) Effective Date: June 11, 1986 Chapter 111-Handicapped Access to Public Buildings Requires the Governor to recommend pro• grams for improving access to public buildings for the handicapped, aged and infirm, in operating and capital improvement programs prepared by the Department of Transportation and Public Facilities. (H8 377) Effective Date: September 5, 1986 Chapter 107-Water and Sewer Service Extensions Requires legislative municipal bodies to approve a public utility water or sewer ser- vice extension before the extension may be constructed. Limits a utility's ability to charge for construction costs and interest on the costs until after the property owner connects to the extension except for extensions con- structed by a municipality. (SCS CSHB 380(Fin)) Effective Date: September 5, 1966 Chapter 26-Retirement Incentive Program Creates a retirement incentive program for members of the Teachers' Retirement System and the Public Employees' Retirement Sys- tem. Gives eligible vested members of the systems who are employed in participating units a three-year credit to be used either to meet early retirement or normal retirement requirements or to increase years of credited service for computation of benefits. Requires participating units to reimburse the system for the value of the added benefits and re- quires participating members to contribute at the current contribution rate or accept an actuarial adjustment in benefits. (SCS CSHB 382(Fin)) Effective Date. May 16, 1986 Chapter 19 MInMs a Lkenslna of School Bus Drivers Authorizes the Department of Public Safety to establish a school bus driver train- ing course. Prohibits a person from driving a school bus unless the person meets the established licensing requirements and is issued a license to operate a school bus. Effective Date: September 1, 1987 FW 4 August, 1986 L A f W L. L Chapter 122-Emergency Medical Care Liability Amends statutes that limit civil liability of physician -trained mobile intensive care paramedics and certified emergency medical technicians. Expands immunity of para- medics to cover emergency care to prevent serious harm or death. Provides similar immunity for EMT's, but does not relieve them of liability for gross negligence or intentional misconduct. (HB 418) Effective Date: September 6, 1986 Chapter 59.0j1 & Hazardous Substance Releases Establishes a state "superfund" to pay for the containment and cleanup of oil and hazardous substance releases. Requires entities responsible for releases to report them to the state and to try to contain and clean up the releases. (SCS CSHB, 470(Fin)) Effective Date: June 1, 1986 Chapter 374Revisor's Bill Makes technical amendments to the Alaska Statutes to correct errors, repeal out- dated provisions of law, and otherwise im- prove the form and substance of the statu- tory law of the state. A sectional analysis of the Act may be found in House journal Sup- plement No. 95, March 7,1986. Because of the amendment by the Senate, the entry in the analysis for secs. 2 and 3 of CSH8 493(lud) should be deleted, and references to sea. 4.74 of the bill should be read as references to secs. 2-72 of the Act. (SCS CSHB 4930ud)) Effective Date: May 26, 1986, Sections 43 and 46.48 are retroactive to January 1, 1986 Chapter 129Approp: Fiml Year 1987 Operating Budget Appropriates money for the operating and loan program expenses of state government for the fiscal year ending June 30, 1987. As passed by the legislature, appropriates $2.132 billion from the general fund and $728 million in other funds for a total budget of slightly more than $2.86 billion. By line -item veto the Governor reduced the general fund appropriations by $1.9 million. (CCS H8500) Effective Date: July i, 1986 Chapter 136-Insurance for Schools and Muoldpalities Allows municipalities, school districts, and REAAs to join together to buy insurance coverage or to group self -insure. Does not apply to certain types of insurance. Specifies certain procedures and financial require- ments for these joint insurance arrange- ments. (SCS CSSSHB S060ud)1 Effective Date: June 10, 1986 Chapter SO -Budget Umft and Budget Reserve Fund Prohibits appropriations for a fiscal year from exceeding appropriations made during the preceding year by more than five per- cent plus the change In population and in- flation. Establishes the budget reserve fund and authorizes the legislature to appropriate up to 25 percent of the fund if money available during a fiscal year is less than the maximum permitted to be appropriated. Repeals the "rainy day account," (SCS CSHB, 513(Fin)) Effective Date: July 1, 1986 Chapter 23•Setting Speed Limits and speed Zones Requires the Department of Public Safety to determine safe speed zones in addition to safe speed limits on highways and road- ways. Requires the department to consider specific factors in setting safe speed limits and speed zones and requires consultation with affected municipalities. Also requires consultation with community organizations, if requested, and requires a hearing if the department establishes a speed limit or speed zone other than as recommended by the community organizations. (CSHB 552(Fin) am) Effective Date: August 11, 1986 Chapter 130 Approp: Budget Adjustments & Additions Reduces, repeals or lapses appropriations from previous years to reflect completion or abandonment of projects or programs and to make funds available for other uses. Changes purpose of miscellaneous capital and operating appropriations from previous years. Make supplemental and special ap- propriations for capital projects and operating expenses of state government. (SCS CSHB 574(Fin)) Effective Date: Sections 39, 76 and 551 are conditional; section 99 takes effect rune 1, 1986, sections 301 and 538 take effect July 1, 1986; remainder of Act takes effect June 10, 1986 Chapter 1WHazardous Materials & Wastes Requires businesses or state and local government agencies dealing with hazar- dous materials or hazardous wastes to post warning placards provided by the state fire marshal. Establishes minimum standards for municipal hazardous material and waste reporting programs, including submission of inventories specifying the types, quantities, and locations of materials and wastes. Pro- vides for public access to information col- lected by municipalities. Excludes regulation of transportation of hazardous materials and wastes. (SCS CSHB 647(Fin)1 Effective Date: January 1, 1987 Chapter 38•Munidpal Sales Tax on Food Stamp Purchases Prohibits the levy of a sales tax by a city or borough on purchases made with food stamps. (CSHB 697(HESS)) Effective Date. October i, 1986 Chapter Bo -Prohibition of Fbssesslon of Alcohol Establishes a procedure for municipalities or established villages to ban possession of alcoholic beverages, except when used for religious purposes. Provides for a fine of up to $1,000 for violating the ban and for per- formance of community work in lieu of pay- ment of the fine. (CSSSHB 700(Fin) am) Effective Date: September 3, 1966 Senate Bills Chapter 37•nomestic Violence; Arrest & Process Serving Allows warrantless arrest by a peace officer for a violation of an ordinance if the or- dinance is similar to state statutes that could be enforced against domestic violence. Specifies procedures for service of process in domestic violence cases. (HCS CSSB, 67(HESS)) Effective Date: August 13, 1986 Chapter 70-State & Municipal Tax Exemptions Exempts the personal effects of members of a household from municipal taxation. Limits the tax exemption on certain residences to the first $150,000 of assessed value but permits a municipality to exempt more of the assessed value In cases of hard- ship or when approved by the voters. Per- mits a municipality to exempt, upon voter approval, property used in processing timber from up to 75 percent of the rate of taxes levied on other property. Permits a municipality to exempt, upon voter ap. proval, certain pollution control facilities. Eliminates state reimbursement payments to renters and the exemption for special sewer assessments and special water assessments. (HCS SB 113(Fin) am H) Effective Date: January 1, 1907 Chapter 21•Use of Sick Leave Banks by Teachers Allows a school board to permit a teacher to draw more than a maximum number of days of leave from a sick leave bank in a case of severe illness or extreme hardship, (SO 192) Effective Date: May 10, 1986 Chapter 14•Cedification of Operators Under AS 46.30 Provides that a certification of an in- dividual as competent to operate water and wastewater systems and facilities remains in effect even if the individual has not been ac- tively engaged in activity as an operator of a system or facility for a period of a year. Validates certain certifications as an operator that occurred under regulations that were adopted in excess of departmental authori- ty. (CSSB 194tRes)) Effective Date: April 19. 1986 (continued on page 6) image AML Newsletter 5 L , fr - — A_ -- -- . Chapter U-Public Professional Services Contracts Requires the state and municipalities to award architectural. engineering, and land surveying services contracts only to persons allowed by AS 08.4E to provide the services. Requires a state agency to negotiate its con- tracts for architectural, engineering, or land surveying services. Allows a state agency under certain conditions to include price as a factor in selecting the services. Exempts certain contracts. (CCS SB 204) i Effective Date: May 30, 1986 i Chapter #"Is & State Fire Commission Creates an Alaska State Fire Commission In the Department of Public Safety compos. ed of members representing various organizations and industries. Directs the commission to develop and adopt a state master plan for fire prevention, control, education, and training and to perform other related activities. (CSSB 209(Rls)) Effective Date: June 6, 1986 Chapter 9aWate► Quality Enhancement Programs Permits a municipality to receive a grant for costs of enhancing or protecting water quality if the costs are Incurred after July 1, 1986, and if the water quality enhancement program is apprrned. limits grants to 50 per- cent of the eligible costs except for programs to avert an Immediate hazard to health. Effective Date: July 1, 1986 Chapter lift tate Procurement Pactieees & Procedures Revises state procurement practices and procedures, including requirements for com- petitive sealed bidding, competitive sealed proposals, sole source procurements, emer- gency procurements, and small procure- ments. Establishes a preference for Alaska products in state procurements. Sets out requirements for contract formation and modification and for procurement records and reports. Establishes legal and contrac- tual remedies including administrative remedies availablein situations involving contract controversies. Requires regulations to implement the revision to be adopted by July 1, 1987. (HCS CSSB 341(Fin)) Effective Date. Section 66 takes effect June 7, 1986; remainder of Act takes effect July 1, 1987 Chapter 3,Uaakon Resident Employment Creates resident hire preferences for work on public works projects If the Commis- sioner of tabor has found that a zone of underemployment or an economically dis- tressed zone exists or that minority or female residents of a zone are economically disad- vantaged Residents are eligible if they are unemployed, marginally or underemployed, or graduates of a job training program and not engaged in employment that uses those skills. Imposes civil and criminal penalties for false statements in connection with certifica- tion for eligibility for preferences. (HCS CSSB 367(L80 am H) Effective Date: May 25, 1986 Chapter 139•Tort Rao►m Establishes limits regarding the recovery of damages in a civil action. Provides for itemization of the verdict and for reduction of future damages to a present value. Re- quires apportionment of damages for multi- ple defendants, and limits the joint liability of certain parties. Changes the period dur- ing which an offer of judgment may be made, and increases the interest rate on cer- tain offers of judgment. Establishes a period during which prejudgment interest will ac- crue. Prohibits the court award of attorney fees in certain civil actions unless sperifically allowed by statute or agreement between the parties. Applies to actions accruing after June 11, 1986 (CCS SB 377) Effective Date: rune 11, 1986 • Chapter 741•State Funding for Education Establishes an initial formula for determin- ing the amount of state aid that each school district may receive. After state aid is distributed, a second formula allocates 60 percent of remaining funds to certain school districts. Repeals the requirement that each district spend at least 55 percent of its operating budget on instructional com- ponents. Amends the payment provisions concerning transfers of exceptional children. (CSSB 408(Fin)) Effective Date: July 1, 1986 Chapter Wight To Farm Addresses the conflict between agricultural operations and urban and suburban land uses that threaten a permanent loss of agricultural land. Provides that an agriculatural operation is not and does not become a private nuisance by a changed condition that exists on neighboring land if the agricultural operation has been In ex- istence for more than three years and if the agricultural opertion was not a nuisance when it began. Supersedes municipal or- dinances to the contrary. (HCS CSSB 409Qud) am H) Effective Date: August 23, 1986 Chapter 86-School Boards Allows a regional educational attendance area that converts to a city or borough school district to keep the same number of school board members rather than the number prescribed for city or borough school dis- tricts. Allows the number to be changed by ballot at a regular school board election. (SB 415) Effective Date: September 3, 1986 Chapter 132•dnte►im Management of Mental Health Trust Fstablishes the Interim Mental Health Trust Commission in the Department of Natural Resources. Requires the Commissioner of Natural Resources to inventory and catalog the mental health trust land of the state and manage it as a public trust. Prohibits transfer of the trust land without the approval of the commission. Directs that the proceeds of the sale be deposited into a special trust account in the general fund. Directs the Commis- sioner of Health and Social Services to establish procedures and guidelines for the audit of the staters mental health program and for determining the range of expen- ditures for mental health programs necessary to comply with the staters mental health plan. (HCS CSSB 472(Fin)) Effective Date: June 10, 1986 Reminder to Associations If you are an officer in one of the dozen various municipal associa- tions that meet in conjunction with the AML Annual Conference, remember that your association must schedule meeting rooms and times through the AML office in Juneau. Banquets, receptions, etc., can be made independently; however, all meeting space must be reserved through the league of- fice. The AML provides associa- tions wishing to meet the week of the conference free meeting space. We need to know the following: number of attendees, dates and times of meetings (all association meetings must be adjourned by 11:00 a.m. Wednesday morning), and the name and phone number of a contact person within the association. If you haven't yet re- served space, and wish to, please - call Tim Smith at the League office in Juneau, (907) 586.1325, hp 6 AW' 1986 L MR W A 1 i { 1 1986 AML ANNUAL CONFERENCE HOTEL INFORMATION The following Juneau hotels have cooperated with the AML by blocking rooms and offering conference rates. Please show your appreciation by making your reservation early with one of these hotels. With the elections in October, it may be difficult to give the hotel names but, to insure that you have the an of your choice, make reservations in the name of a current municipal official. If that individual does not run for reelection, or is defeated, the name can be changed that o time or the reservation cancelled. Reservation cards are not being used this year, so please call in or write to one at the fllow- ing hotels for your room reservation: Sheffield Juneau Baranof Hotel Alaskan Hotel ' i Central Reservations Central Reservations 167 South Franklin Street ��-��• Sheffield Hotels Sheffield Hotels Juneau, Alaska 99801 880 "H" Street, Suite A 880 "H" Street, Suite A $36.00/private bath plus tax Anchorage, Alaska 99501 Anchorage, Alaska 99501 $25.00/shared bath plus tax 1.800.4784111 1.800-478.1111 $5.00/additional person Single: $49.00 plus tax Single: $49.00 plus tax Double: Same as single Double: Same as single Breakwater Hotel Prospector Hotel Driftwood Lodge 1711 Glacier Avenue 340 Whittier Street 435 Willoughby Avenue Juneau, Alaska 99801 Juneau, Alaska 99801 Juneau, Alaska 99801 1.800-544-2256 1-586.3737 1-800-544.2239 7 - Y Single: $59.00 plus tax Single: $50.00 plus tax Single: $35.00 plus tax Double. $64.00 plus tax Double: Same as single Double: $40.00 plus tax { Kitchen: $45.00 plus tax 1 Min Apt./Kitchen: $50.00 2 Bdrm Apt./Kitchen: $65.00 i ($79.00 with 6 people) .� AML CONFERENCE ADVANCE REGISTRATION FORM Name Title 3 Municipality/Organization ` Address Telephone y City State Zip ! Advance Registration On -Site Registration T (postmarked by October 30) (after October 30) Member: $130.00 $155.00 Non -Member: $160.00 $170.00 ,5 i! Spouse: $ 90.00 $/00.00 ' ! Spouse's name (if attending) - i i NO REFUNDS will be made on registrations cancelled after November 7. u Please mail registration form and fee(s) to: Alaska Munidpal League, 105 Municipal Way, Suite 301, Juneau, At 99801. A. Watch theAML NEWSLETTER and special conference bulletins for hate) information and program do ails, or contact AML staff M (907) 5g6132S. ..i Advance registration saves money and time at the registration desk. i AML Nevi"er Pap T i'Lj i a PROFESSIONAL DIRECTORY All the firms and associations in this directory have demonstrated their support for local government by becoming affillated with the League, Please take time to took through the directory and show your support for our Associate Members. Adak Region Sch wl Distritt rain Benwotih, Incorporated Irswer Yukon School District Jlppetts Ahb 4-Mc( nrthy Strallors 4791 Business Park Blvd., Suite 1 Post office Box 34 NAS•Adak, Alaska 999 Third Avenue, Suite 1500 Seattle. Washington 98104 P.O. Box 200 Mountain Village, Alaska 99612 Anchuragn, Alaska 9950) FAO Seattle, Washington 98791 Deltana Community Corporation Main I Iutdman Tlingit Harda ( emra) t.ounid 310 West Willoughby, Suite 100 Alaska Auhnes. Inc. Se3-Tac International Airport P.O. Box 825 Delta )unction, Alaska 99737 1001 Nnbin Stteet fairbanks, Alask.i 99701 Juneau, Alaska 99801 P.O. Box 66900 Seattle, Washington 90160 Department sit Community d N. C Machinery Co. (UPS frigintr•rs 1125 West fi th Avenue Regional Affairs P.O. Box 2I38 Anchorage, Alaska 99501 Alaska Municipal Bond Bank P.O. Box OH luneau, Alaska 99801 Wickwire, Gavin 6 Gibbs, Pt 601 W. Fifth Ave., Suite 430 Juneau, Alaska 99811 Office of Management d Budget 152 West Johnson Street Anchorage Alaska 99501 Dept. of Commerce d Economic [)iv of C,nvrrnrnent Coordination 16111 M�rwpx W� ontin Si701.16B3 Alaska U.S.A. Federal Credit Union Oevelopmentd7iv. of Enterprise P.O. on, FF P.O. Box AW Juneau, Alaska 99811 WohBurth and flint Pouch 6613 Anchorage. Alaska 99502 Juneau, Alaska 99811 Ott Water Engmrsys, Im 9W W fifth Avenue, Suite 600 Anchorage, Alaska 99501 Aleutian Region School DistnU Department of Lovitorum•nial 444b Business perk g6d, 91dg A Anchorage, Alaska 99503 Yupit s(hotl District 640 West 361h, Suite 3 Conservation P.O. Box 100 Anchorage. Alaska 99503 P.O. Box O Juneau, Alaska 99811 Peat, Marwick, Mitchell and Co. Aklachak, Alaska 99SS1 Annette Islands School District 601 W. fifth Avenue. Suite 7W Anchorage. Alaska 99501 P.O. Box 7 Dupere and Associates Alaska Assn. of Assessing Officers Metlakatla. Alaska 99926 510 Sixth Avenue Juneau, Alaska 99601 Preston, Thor Pinson, Ellis 6 Holman W Gary Lewis, President P.O. flux B Appraisal Company of Alaska 3900 Arctic Blvd., Suite 304 Ernst and Whiney 2000 IBM Building Seattle, Washington 98101 Palmer, Alaska 99645 Anchorage, Alaska 99503 301 W. Northern Lights Blvd. Pribilof school District Pricoostrct Alaska Assn. of Municipal Clerks Georgianna Booth, President Arthur Young and Company Suite 601 Anchorage. Alaska 9950) St. Paul Island St. Paul, Alaska 99660 334 fourth Street Ketchikan, Alaska 99901 1031 W. 4th Ave.. Suite 600 Anchorage, Alaska 9950I First Southwest Company 1807 Commerce St., Suite 800 Prudential-Bache- Securities Inc. Alaska Assn. Chiefs of Police ARCO Alaska. Incorporated Dallas, Texas 75201 t 11 Third Avenue, Suite 2750 Seattle, Washington 98101 Pat Shely, President P.O. Box 307 P.O. Box 100360 Anchorage, Alaska 99510-0360 Foster and Marshall Rainier National Bank Valdez. Alaska 99686 Div. of Shearson Lehman/Ans.Expr. Alaska Conference of Mayors Bank of America -Public Finance 123 Seward Street P.O. Box 3966 Seattle, Washington 98124 Tom Wagoner, President 555 California Street, 91h Floor Juneau, Alaska 99801 210 Fidalgo San Francisco, CA 94100 Frank B. Hall is Company Rasmusun Library Kenai, Alaska 99502 Boettcher i9 Company, Inc. 510 L Street, Suite 200 University of Alaska Fairbanks Fairbanks, Alaska 99773.1010 Alaska Fire Chiefs AssmtAtion Dewey Whetsel►, President 550 West 7th Ave.. Suite 1980 Anchorage, Alaska 99501 Cordova. Alaska 99574 Anchorage, Alaska 99501.3594 Hogan, Mecham, Richard d Ci,. Robertson. Monagle, d Eastaugh Municipal Assn. CH2M Hill 1734 Tongass Avenue Ketchikan, Alaska 99901 P.O. Box 1211 Juneau, Ala!ka 99802 udenAttorneys LuAAlaska Bailey. President 2550 Denali Anchorage. Alaska 99501 Rollins, Burdick, and Hunter One Sealaska Plaza, Sucre 30) One S Juneau. Alaska 99801 Chatham School District Holden Ceikin d Associates 110 Seward Street 840 K Street Anchorage, Alaska 99501 r, Alaska Municipal Managrim•nt Assn P.O. Box 109 Juneau, Alaska 99801 Dave Soulak, President Angurm, Alaska 99820 Hughes, Thorsness, Gamr, Rural Community Action Program 231 Weil Evergreen Avenue Palmer, Alaska 9964.3 Chevron USA Powell b Brundin P.O. Box 3.3908 Eagle Parks 6 Recreation Assn. P.O. Box 10.7839 509 West Third Avenue Anchorage, Alaska 99501 Anchorage, Kayo,Alask Kayo ivory, President Anchorage. Alaska 99510 Anchorage, Alaska 99501 tidagoMcGil 210 Fildago Chugach school District Iditarod Area School District 30 Seward Street, Suite 311 130SEASe Kenai. Alaska 9%1 t Begtch Towers, Room 1031104 P. Box luneauAlaska 99801 Alaska Chapter/Am. Planning Asses P.O. Box 638 McGrath, Alaska 9%17 • Tom Peterson. President Whittier, Alaska 9%93 Seattle•Norihwest securities Corp. 135 South Seward Street G1rutY ChUwaod 6 Co. John Nuveen and Company Seafirst First Avenue Plaza Juneau. Alaska 99901 , N.W.N. I9815 Tenth Avenue, tenth 240 Main Street, Suite 601 luneau, Alaska 99801 Suite 37W Seattle, Washington 98104 Alaska Transit Opetatots Assn. lohn Kern Seattle, ington Seward Street Cullman Enggiineers Inc. Kramer, Chin d Mayo 124 W. Fhb Slrmt Set ini Alaska. Inc. pl 3601 "f" Stress Suite 100 un au,A li,neau. Alaska 99801 350 West 7tlt, Suite 700 99501 Juneau, Alaska 99MI Anchorage. Alaska "SO4 Alaska Women in Cnvrtnment , Anchorage, Alaska Marcella Dalke. CMC, President Copper River School District Kuipuk School District Atulh Weil Regional Schmil Dram P O. flax 1397 P.O. Box 108 P.O. Box 108 Aniak, Alaska 99557.0198 P. O. Box 196 Dillingham, Alaska 99576 Kodiak. Alaska 99613 Glennallen, Alaska 99US Municipal finaue Ohness Assn Comm" 6 Black, Incorporated Lower Kuskukwim School DisIrk t Standard Alaska Production Co. F of Lowsttchkiss, President 4220 B Street Anchorage, Alaska 99510 P.O. Box 105 Bethel, Alaska 99559 P.O. &ix 19tt612 Anchorage. Alaska 995194,612 Palmer, Alaska 9864% Page 8 August 19* L L .j t .a I. Indus trial vacuum Pumping ALASKA ENVIRONMENTAL INDUSTRIES, INC. Power Washing W8811 018poEei Formerly Met Enlefor►eoe Roustabouts Tank Cleaning Box 1660 • Soldotna, Alaska 99669 Power Washer A k Liners Steam Cleaner Sales. 8 Chemical Spill Cleanup Bus: 262.9073 Or 262.4875 Semce & Rentals Res:2UA70X 262-2863 July 29,1986 Governor William J. Sheffield nryiL�'` Cy' P.Q. Box A Juneau, Alaska 99811 `n y Dear Governor Sheffield; IVH Recently you ordered the D.E.C. to enter�on Oils gravel pit on West Poppy Lane in Soldotna and to excavate in an effort to find evddence of illegal disposal and pollution. You did this primarily because Charlie Dickson embarrassed you on the KSRM radio talk show, Sound off. The state had been aware of the Poppy Lane mess for more than five years, but nothing was done until Charlie talked directly to you on the air. I'd like to call your attention Governor, to another embarrassing situation. The Alaska Department of Environmental Conservation is attempting to rewrite that portion of the Solid Waste Regulations pertaining to the disposal of drilling mud by the Oil dr Gas Industry. rimarily the D.E.C. is doing this to hide their own nonfeasance in belffite. In the Kenai Peninsula Borough, over 300 wells have been drilled onshore for oil and gas, all of them using mud pits, all of the pits unlined ex- cept for two, all of them uncapped except for two. Most of these wells disposed of their drilling mud in place, unlawfully, with no permits, most of them directly in or dangerously close to the water table.. Seventy-eight of these unpermitted disposals were on State owned land. Only 5 permits for mud disposal were ever issued by D.E.C. out of 300 wells in the Kenai Peninsula Borough. Throughout the entire State of Alaska 2125 wells have been drilled onshore 1715 of them on State owned land with mud disposal occurring in every case, but no disposal permits issued or applied for. I did not realize that the State of Alaska was in, the illegal disposal bus- iness on such a large scale. Wilfuil pollution is a crime bearing severe punishment in other states. The D.E.C. is proposing to legalize, after the fact, 13 years of unlawful pollution, by rewriting the regulations. U,�ow far will you go Governor Sheffield, to legalize "CRIME AFTER THE FACT?" Are you going to legalize after the fact, other types of crime as well,such as murder, rape, child abuse, and drug dealing. L L 9 t i i I o s j { T s Page #2 I am not asking this to be facetious. Pollution in every bit as serious as any of the aforementioned crimes. Pollution causes mental illness.ohysical illness, deformities, and death. Governor Sheffield, is there possibly another North Slope Borough type scandal lurking beneath the D.E.C.s failure to permit and to enforce? Are we going to let Alaska become another Louisiana, with the highest cancer rate of any state in the nation? The oil and gas Industry has saved multi -millions of dollars by illegal disposal in Alaska, and they have left us holding the bag by polluting our land. The D.E.C. has clearly violated the public Trust by not doing their Job. Instead of rewarding the offending oil and gas companies by rewriting the regulations, why not make them clean up the illegal pollutions they have caused, providing work for many unemployed Alaskans. Governor Sheffield, if you allow the regulations to be changed, thereby rewarding the offending Oil companies for 13 years of unlawful activity, then I have just one question. Whether or not you are reelected, how many Alaskams may eventually be- come ill, or perhaps die, because it was easier for you to rewrite the reg- ulations than it was to enforce the law and clean up the pollution? Governor Sheffield, for the past six years the D.E.C. has been deliberately harrassing me, trying by every means possible to put me out of business and shut sown the Sterling Special Waste Site. The D.E.C.s latest senseless rationale is that I don't have 3 to 1 slopes in my mud pits and I don't mix mud with dry dirt in six inch lifts. For the record Governor Sheffield 1,715 drilling mud pits are unlawfully situated on land owned.by the State of Alaska. None of those 1,715 pits 1jq yF 3 tol slopes. None of those 1,715 pits have 6 inch lifts. None of those 1,715 pits have D.E.C. drilling mud disposal permits. Governor Sheffield, in as much as 1,715 unpermitted drilling mud disposal pits exist on land owned by the State of Alaska, this then makes the State of Alaska the largest unlawful polluter in the State, probably the largest j unlawful polluter in the United States, and quite possibly the largest un- lawful polluter in the World. What is it that D.E.C. hopes to gain by cl6sing the Sterling Special Waste Site and bankrupting Dave Brown, perhaps a medal from the Alaska Oil & Gas Association? The oil Industry would love to have the site closed to help them to rationalize and attempt to justify 13 years of unlawfull disposal. I think its time Governor Sheffield, that you and I had a long overdue talk. You can reach me at my home 262-2863, or you can reach me through my Attorney, John Wood, 563-3553. I shall be looking forward to hearing from you soon. ncere ly, 1114 f r 0 .F `3 5 =� i i. - f • 0 I _T-0 P p ,n / �i''G'Vb' ��N�K�L •